*Non-compliance to invite action under Section 188 RPC
Mohinder Verma
JAMMU, July 9: Taking serious note of abandoning of work on vital border road during the past four years and massive public outcry, the District Magistrate Jammu, Simrandeep Singh today invoked Section 133 of Code of Criminal Procedure and directed the Chief Engineer of Sampark (BRO) to start the work within 14 days or be ready to face action under Section 188 of Ranbir Penal Code, whereby imprisonment can be awarded for disobedience of the order.
Official sources told EXCELSIOR that in the month of January 2011 the Union Government had approved construction and widening of 18 kilometers long Akhnoor-Jourian road keeping in view its importance from defence point of view and accordingly the work was allotted to Chief Engineer, Sampark C/o 56 APO Jammu for completion in a time-bound manner.
The Chief Engineer Sampark sub-let the work to a contractor, who initially carried out the work but later abandoned the same due to some disputes with Sampark. Though the Chief Engineer Sampark had all the powers to punish the contractor for abandoning the work or getting the left over work completed departmentally for the convenience of the people, the officer remained slept over the issue for four years as a result of which the work on the road remains incomplete till date.
They disclosed that due to pitiable condition of the road as many as 80 road accidents involving 10 deaths took place during the past four years. In such mishaps, 70 persons have sustained injuries till date but the Chief Engineer Sampark continued to maintain blind eye towards the woes of the commuters.
The problems being faced by the commuters were highlighted by EXCELSIOR a number of times latest on June 17, 2015 and on June 24, 2015 when the Public Joint Action Committee for Akhnoor-Jourian Road made an announcement about mass agitation if the work on the road is not completed in shortest possible time.
The Joint Action Committee even submitted a petition before the District Magistrate, Simrandeep Singh highlighting the difficulties being faced by vast population due to abandoning of work on the road by the Sampark despite release of adequate funds for the purpose.
The District Magistrate was also apprised by the Joint Action Committee that road project has got delayed due to fault on part of contractor as well as poor monitoring and supervision on part of BRO in dealing with the erring contractor.
Taking serious note of slackness on the part of Chief Engineer Sampark, the District Magistrate has initiated criminal proceedings against the Chief Engineer by invoking Section 133 of Code of Criminal Procedure. Under this Section of CrPC, the District Magistrate is empowered to issue directions to any officer for removal of nuisance or obstruction, which is fraught with the danger of causing injuries to the people or putting their lives to grave risk.
In an order issued under Section 133 of CrPC, the District Magistrate has conveyed to the Chief Engineer Sampark that it has been brought to his (DM’s) notice that many expecting women have delivered babies in the vehicles while commuting on Akhnoor-Jourian road which sometimes have turned fatal for mothers/infants.
“Even during a public grievance camp in Akhnoor held on June 25, 2015, which was also attended by Member Parliament Jammu-Poonch constituency and MLA Akhnoor, the issue related to the pathetic condition of the road also figured”, reads the notice to Chief Engineer, adding “the District Magistrate considered the pathetic and unfit condition of road as a public nuisance and also unlawful particularly when the project and funds have been long sanctioned for it”.
While invoking Section 133 of CrPC, the District Magistrate has directed the Chief Engineer to commence the work within 14 days from today and immediately provide respite to the public from the existing nuisance or appear before the District Magistrate on July 23 to show cause as to why this order be not made absolute.
The District Magistrate has made it clear to the Chief Engineer that failure to comply with the order will invite action under Section 188 of RPC.
It is pertinent to mention here that disobedience to order duly promulgated by the District Magistrate would invite action which includes imprisonment up to six months and fine or with both.
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