Making an obvious reference to IPS officer Narendra Kumar,who was crushed to death in March while trying to stop a tractor carrying illegally mined stones in Madhya Pradesh,a city court has held that assault on police and government officials for trying to stop illegal mining activities must
be dealt with sternly and leniency should not be shown to such offenders.
Additional Sessions Judge (ASJ) Rajnish Bhatnagar,while dismissing the bail plea of a man accused of assaulting a constable who tried to stop him from ferrying illegally mined sand from an outer Delhi locality,said: Whenever the authorities try to intervene in illegal mining or illegal construction and demolition,the persons involved do not think twice and assault government officials who come to take appropriate action under the law. This behaviour has to be stopped by taking deterrent steps, said the judge in his recent order.
The court found favour with the argument of additional public prosecutor Shiv Kumar that since offenders did not think twice before assaulting public officials,the courts must come to the support of such officials.
This court can recall a recent incident wherein an IPS officer was killed when he tried to stop an illegal mining activity in Madhya Pradesh. Courts cannot overlook the fact that these public officials are putting their lives in danger while offenders fearlessly carry out illegal acts, said the prosecutor.
One Rajesh Kumar had moved an petition in court,seeking bail in connection with an FIR lodged with Bawana police station. As per the FIR, lodged on the complaint of constable Kamal Deep on May 17,he and another police personnel had flagged down a truck carrying sand. They asked driver Rajesh Kumar to produce a mining permission from the area SDM but when he failed to do so,Kamal Deep got on the truck and asked Rajesh to drive it to the police station. On the way,Rajesh called up the owner of the truck,apprising him of the situation,said the FIR.
The truck was allegedly intercepted by its owner Nanhe and three of his men. They pulled the constable down and assaulted him. The FIR said the men then emptied the truck of the sand. On the basis of the Kamal Deeps complaint,an FIR was registered and Rajesh was arrested.
Seeking bail,Rajesh Kumar claimed that he was not involved in assaulting the constable and,hence,should be allowed relief.
ASJ Bhatnagar said,This type of behaviour has to be stopped by taking deterrent steps.