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Supreme Court threatens to send senior Army officer to jail for flouting court order | India News


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NEW DELHI: The Supreme Court on Thursday dealt a heavy blow to the Commander-in-Chief of the Telangana-Andhra Subdivision (TASA) for knowingly violating a court order to give land to civilians and using armed force to level the boundary wall on that land.
Even before the attorney general added SV Raju can open the case file, a bench of the Chief Justice NV Ramana and Judges Krishna Murari and Hima Kohli said, “Armed force is meant to defend the country and not the ego of an individual who thinks he has the strength of the armed forces.”
“The Army lose the land in every court and still don’t mind because you (GOC) think you can send the Army to take a civilian. Tell us the name of the officer and we will put him in jail,” said the bench.
When Raju tried to defend the Army’s actions by arguing that civilians’ land was not demarcated and that led the Army to believe that civilians were encroaching on armed forces land, the bench said, “Do you think we are like children who are not swayed by such arguments? Can a commoner challenge the Army’s strength? ”
The Bench rejected the Center’s appeal against the Telangana HC’s order to refuse to uphold the court order to put the GOC in jail for knowingly violating a court order granting land title to civilians by recognizing ownership of real estate. their favor for more than a century and a half.
However, the SC ordered that the Major General would not be taken to prison. “If we hear any such complaints against him in the future, he will go to jail,” the bench warned.
The case has a clear history as the land, where the present TASA facility is located, was originally acquired by Nizam of Hyderabad for military purposes more than 100 years ago. The defense establishment filed a civil lawsuit in 1971 claiming title to nine acres of land, which it said had been encroached upon by civilians.
Civil defendants claimed ownership of the land through adverse possession for more than 160 years. One Secunderabad The Civil Court rejected the Army’s lawsuit, which was upheld by HC.
With the Army giving them trouble over land tenure, civilians sought to enforce the ordinance and a trial court on January 27, 2021 ordered that the Commanding General and National Guard room for two months each for willful disobedience. and violated the permanent order decree passed by the court on December 11, 2017. It also ordered them to repair the boundary wall that the army had damaged.

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