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Div Com not empowered to act as magistrate under 144 CrPC: HC

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The Jammu and Kashmir and Ladakh High Court quashed an order holding that the Divisional Commissioner (DivCom) does not have the powers of a magistrate. Therefore, they cannot issue orders under section 144 of CrPC. Neither Divcom nor the Deputy Director of Economics and Statistics under his office has the powers of a magistrate. Along with this, the High Court quashed the order issued by the Kashmir Divisional Commissioner and Deputy Director (E&S), in which a plastic unit was asked to be closed due to pollution.

Justice Sanjeev Kumar said that only the concerned authorized magistrate or authorized agency could take action against the unit located at Kaimoh Kwaki market in the Kulgam district. After hearing both the parties, the court said that the State Government has especially empowered the District Magistrate, Sub Divisional Magistrate and Executive Magistrate to exercise the powers of Section 144 of CrPC.

It does not include Deputy Directors working with Divcom and their offices. However, the court said that because of any danger to public life and emergency, the authorized magistrate could impose 144. Its order remains in effect for two months, after which the government can issue a notification to extend it.

In this case, the petitioner collects, stores and segregates the plastic on his proprietary land. Due to this, pollution comes under the purview of the Water Pollution Prevention Act 1974 and Air Pollution Act 1981, on which Divcom cannot issue orders.

Amish Mahajan

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Kashmir

Driver dead, another injured as lorry rolls down into gorge

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A trucker was killed and another person injured after a truck rolled down into a deep gorge near Tulbagh, one kilometre from Banihal town of J&K’s Ramban district on Wednesday.

An official that a truck, bearing registration number JK05A 8209, which was on its way from Jammu towards Srinagar fell into a deep gorge near Tulbagh around 7 pm, resulting in on spot death of the driver.

Soon after the accident, Banihal police and local volunteers launched a rescue operation and retrieved the body of the trucker, who was identified as Nazir Ahmad Sheikh (58), son of Abdul Gani Sheikh, a resident of Bandipora in north Kashmir.

The injured, identified as Naveed Ahmad son of Nazir Ahmad, also a resident of Bandipora, was shifted to Emergency Hospital Banihal.

An official said that the body is being shifted to Bandipora and that the relatives of the victims were on their way to Banihal.

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Kashmir

3 Soldiers Injured In Shopian Gunfight

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On Wednesday, three soldiers were injured, two of them critically, in an ongoing gunfight in south Kashmir’s Shopian district, reports quoted officials said.

They said that two soldiers suffered bullet injuries as soon as the gunfight started between militants and a joint team of Police and army in the Nowgam area of the district. Later, another soldier was injured in the firefight.

Quoting official sources, a news agency reported that the injured were shifted to the army’s 92 base hospital, where two remain in “critical condition.”

The encounter had ensued after Police and army launched a cordon and search operation following inputs about the presence of the militants.

As the joint team approached towards the suspected spot, the officials said, the hiding militants fired upon the forces, triggering off a gunfight, they said.

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Jammu

73rd Republic Day Celebrations Held Across Jammu

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On Wednesday, on the 73rd Republic Day of the country, the tricolour flag was proudly hoisted at every square and square of the city. Amid patriotic songs and music in all the squares and streets of the town, people hoisted the tricolour flag paid tribute to the country’s martyrs and saluted the brave soldiers deployed in defence of the borders. On this national festival of Republic Day, after flag hoisting by business organizations in many city areas, Prasad was also distributed among the people by putting up stalls of halwa-puri.

Jammu Mayor Chandramohan Gupta hoisted the tricolour and regional traders at the historic Raghunath Mandir Chowk. Apart from this, the Mayor hoisted the tricolour flag at Shaheed Major Akash Singh Park in his residence area, celebrating Republic Day with people in more than a dozen city areas.

Also Read: Power Cuts in Several Areas from 27-29 January: Details Here

The main program was organized on behalf of the State Bharatiya Janata Party at the party headquarters at Trikuta Nagar, where the state president Ravindra Raina unfurled the tricolour flag along with former Deputy Chief Minister Kavinder Gupta and other leaders. Next, former Minister Sat Sharma and other leaders hoisted the tricolour flag in the BJP’s Kachi Cantonment office. Then, in the Chamber House located at Railhead Complex, Chamber of Commerce and Industry, Jammu, President Arun Gupta, and other office bearers and main businessmen unfurled the tricolour flag.

In Jammu’s biggest wholesale grain market Ware House-Nehru Market, the Federation’s head Deepak Gupta and market traders hoisted the tricolour flag. Apart from this, regional corporators in all 75 wards of Jammu Municipal Corporation shared the happiness of Republic Day by hoisting the tricolour flag along with the people of their respective wards.

Amish Mahajan

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Covid-19 Stats

27 Jan 2022, 4:26 AM (GMT)

Coronavirus Stats

40,371,500 Total Cases
491,729 Death Cases
37,677,328 Recovered Cases

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