Budgam, July 20: In a significant development in the civil suit filed by the aggrieved residents of Brenwar concerning their traditional grazing rights in Cheskani-Nad meadow in the Pir Panjal Forest Division area, the Senior Superintendent of Police -SSP Budgam, in his written response submitted before the District Court Budgam has clarified that the Police has no role or authority to recognise, determine or adjudicate community forest rights or grazing rights under the Forest Rights Act-FRA.
The report, submitted in compliance with the directions of the Hon’ble Court of Special Mobile Magistrate Budgam, makes it clear that the determination and verification of such claims fall within the jurisdiction of the competent authorities constituted under Forest Rights Act -FRA , while the role of the Police is confined to the maintenance of law and order, prevention of breach of peace and enforcement of law.
Significantly, the Police report further states “Police authorities have never prevented the plaintiffs from exercising any lawful right and that the Police concerned have never interfered with the grazing activities of the plaintiffs’ livestock at Cheskani-Nad Meadow”
The development assumes importance in the backdrop of the civil suit concerning the longstanding grazing rights of the people of Brenwar under Community Forest Rights-CFR of Forest Rights Act-FRA . The locals had alleged in the civil suit that police were preventing them from grazing in the Chaskani-Nad meadows at the behest of some locals. The report reinforces the position that the traditional rights claimed by the villagers cannot be curtailed or interfered with through any action beyond the authority vested in the concerned departments under law.
The aggrieved grazers have welcomed the factual position placed before the Hon’ble Court and expressed hope that the competent authorities will now proceed strictly in accordance with the provisions of the Forest Rights Act.
“ The report submitted by SSP is self explanatory and has given us a sigh of relief. We are now hopeful to get justice from the hon’ble court in due course of time” said Mohammad Aslam Jahara the petitioner (plaintiff) in the case
Advocate Shakir Mushtaq Parray who pleaded this case stated that the compliance report submitted by the Police is an important development and clearly establishes that the Police has neither the jurisdiction nor the authority to adjudicate upon the community forest and grazing rights claimed by the villagers.
“ The plaintiffs remain committed to pursuing the matter through lawful means for protection and recognition of the traditional rights of the local community. The matter remains pending consideration before the Hon’ble Court, where the rights and claims of the parties are to be adjudicated in accordance with law” said Advocate Shakir
Pertinently Chaskani-Nad meadow in Pir Panjal mountains in Budgam bordering Poonch district has been in news for last several years as some local influential people of Branwar Chadoora claimed around 10,000 kanals of pastureland belonged to them and were allegedly charging money from grazers like Bakerwals from Rajouri Poonch areas. The matter went to court who directed Govt to decide the case as per provisions of Forest Rights Act -FRA by holding Halqa Majlis (Gram Sabha). For the last 2 years the said gram sabha has not been held at the behest of the “influential” group. Every summer another group of locals (petitioners/ plaintiffs) who are also from the Gujjar community alleged that police were preventing them from moving to the said pastureland.
“To address this issue we filed a case in the District Court Budgam last month and now with the posting of new SSP Budgam and court hearing this case on regular basis it seems this issue would be addressed on merits” said Manzoor Ahmad Jahara another petitioner (plaintiff) in the case
