Jammu and Kashmir police urge court to fine activist for suit

The cops have been accused of seizing hundreds of vehicles in October ahead of or during Shah’s visit even though many had valid documents

Muzaffar Raina   |   TT  |  Srinagar   |  12.12.21: Jammu and Kashmir police have urged a court to fine a social activist for suing the force over the “mass seizure” of two-wheelers during the visit of Union home minister Amit Shah to the Valley in October.

The police, in a report before the Srinagar court on Friday, rejected the allegation levelled by Naveed Bukhtiyar.

The claim highlights afresh how Jammu and Kashmir police deny outright actions that seem to take place in full public view.

“The allegations levelled against the district police are vehemently denied, being baseless, far from facts and reality and nothing more than a mere figment of imagination of the applicant,” the compliance report filed by Srinagar SSP Sandeep Chaudhary in response to the court’s order says.

“The applicant has no locus standi to file the instant application before the court and the same being devoid of any merit deserves rejection with costs,” the police said.

The police had been accused of seizing hundreds of vehicles in October ahead of or during Shah’s visit even though many had valid documents. The alleged seizures affected businesses, daily work and medical emergencies. Many motorcyclists had complained their vehicles were shifted to police stations and kept there for hours or days.

After an outrage, Kashmir police chief Vijay Kumar put out a tweet acknowledging that there had been “some” seizures but blamed militancy for the development.

“Seizing some bikes and shutting down of Internet of some towers is purely related to #terror #violences. It has nothing to do with the visit of the Hon’ble HM,” Kumar had said on October 24.

Shah had been on a three-day visit to Kashmir, his first after the scrapping of the erstwhile state’s special status, in the last week of October.

Bukhtiyar lodged the complaint in court in November, alleging that the police had detained “two-wheelers illegally in violation of the provisions of the Motor Vehicle Act and releasing the vehicles by exercising the power of a traffic judge”.

Denying the allegations, the police said they had the “highest respect for the rule of law” and maintained “complete adherence and utmost regard to authority and powers”. The police also denied having exercised the powers of a “traffic magistrate.” 

Bukhtiyar told The Telegraph that the police were denying something that had happened in full public view.

“There are media reports proving the police action. My own vehicle was seized for two hours. But the police are now shifting the burden (of proof) onto me,” he said.

“I will now have to prove that they did it but for that I need witnesses to come forward and record their statements before the court. I doubt many people will give evidence due to the situation.”

Many people in Kashmir seem too scared to stand up to power for fear of consequences.

In the aftermath of the 2019 scrapping of special status, many top politicians were either jailed or kept in house detention. The police however, always denied reports of house detention and even told the Supreme Court that Congress veteran Saifuddin Soz was a “free man” and was never kept under house arrest.

In order to prove the police wrong, Soz had tried to walk out of home and was prevented by plainclothesmen from doing so.

Bukhtiyar said he knew nothing would come out of such complaints but silence was also not an option.

“In this case, at least the SSP was forced to file a reply. At least they are forced to think that somebody will raise questions over their actions,” he said.