NAND RAM Vs. SUB DIVISIONAL JUDGE

JUDGEMENT

(1.) If there ever was a case in which the fundamental principles of our criminal jurisprudence have been violated to the prejudice of the citizen, this is the one.

(2.) Seven residents of village Shekhal, Pargana Nawar, Tehsil Rohroo, made a report to the Sarpanch, Naya Panch Tikhar, in which it was stated that Nand Ram son of Gurdas Lad stopped the passage, at a place known as Bundar Raj, of the cattle and numerous passers by in Chak Shekhal by constructing a wall. The said Nand Ram had no right outside the area owned by him During the rainy season, there was no other path except this one which was being used for generations. It was prayed that Nand Ram be stopped pending the decision on the grevance of the said villagers. This report is dated 18th July. 1967. Annexure 'F' shows the proceedings taken by the Panchay at on the basis of this report. Curiously enough, the certified copy of these proceedings does not bear any date. It would be helpful to reproduce in verbatim the three questions and answers which constituted the entire trial before the Panchayat :-

(3.) The petitioner took the matter on revision to the Sub Divisional judge exercising the powers of a Magistrate who dealt with the revision under section 93 of the Himachal Pradesh Panchayat Raj Act, 1952 (Act 6 of 1953) (hereafter called the Act). The order made by the learned Sub-Divisional Judge also deserves to be reproduced in exten so: -