HC fines power firm in Bhuntar for misusing orders
Legal Correspondent
Shimla, September 17
The High Court has dismissed a petition filed by Gunal Hydropower, Bhuntar, Kullu, and imposed a cost of Rs 50,000 on the firm for misusing the order passed by the court.
The court passed this order on a petition filed by Gunal Hydropower with a prayer to direct the state authorities to restrain villagers of Benchi (Kullu) gram panchayat from carrying out illegal activities in the form of arson, abuses, violence, unauthorised restraint, stoppage of work and preventing workers of the company from performing their duties.
Taking into consideration the submissions of the company to be true, the court on May 10, 2022, passed an order to restrain the villagers from entering within the radius of 500 metre of the construction site.
In the meantime, another FIR was registered on August 22 on the basis of a complaint filed by the manager of the company on the allegations that the villagers entered the project site on August 19, 2022.
During the course of hearing, it was found that the orders of the court were being misused by the petitioner as also by the police. The court observed that nothing untoward had ever happened on August19 as per the status report filed by the SHO, Patlikuhl, and found the conduct of the petitioner and the investigating officer reprehensible and condemnable.
Imposing a cost, a division bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh observed, “It is established that the petitioner in league, if not in connivance with the investigating officer, has misused the orders passed by this court and acted recklessly in lodging the FIR.”
The Bench further observed, “Both petitioner and investigating officer have used the orders as a tool to muzzle the voice of the villagers and have got registered an FIR against them when nothing untoward ever had happened on August 19 as per the status report filed by the SHO Patlikuhl.”
The court also directed the Superintendent of Police, Kullu, to place the investigating officer under suspension and hold a regular inquiry against him for dereliction of duties and for misusing the orders of this court.
Report by SHO exposes firm’s claim
- Gunal Hydropower prayed the court to direct the state authorities to restrain villagers of Benchi from carrying out illegal activities in the form of arson, abuses, etc
- The court on May 10, 2022, passed an order to restrain the villagers from entering the site
- Another FIR was registered on Aug 22 on the basis of a complaint by the firm manager on the allegations that the villagers entered the project site on Aug 19
- It observed that nothing untoward had happened on Aug 19 as per the status report filed by the SHO, Patlikuhl
