Mohammad Usman, a 65 -year -old accused of rape from a minor in Uttarakhand’s tourist city Nainital, has got a big relief from the High Court. The notice issued regarding the removal of encroachment to Usman issued by the municipality will be withdrawn. The municipality has accepted its mistake of not following the Supreme Court guidelines in this case.
Mo. Usman’s lawyer Dr. Karthikeya Hari Gupta challenged the notice in the High Court and said that the Supreme Court has clear instructions that it is mandatory to give 15 days notice before removing the encroachment. But the municipality gave only three days time, while the accused is in jail. Apart from this, notices have also been issued to many others in the area.
Chief Justice G. A special bench of Narendra and Justice Ravindra Maithani was formed. During the hearing, Senior Superintendent of Police (SSP) Prahlad Narayan Meena attended through video conferencing and Executive Officer of Nainital Municipality was present in the first and second court.
During the hearing, the municipality admitted its mistake on the notice to be given three days and informed the court to withdraw the notice.
The High Court expressed strong displeasure over the protests in Nainital after the arrest of the accused of rape and reprimanded the police department including the SSP.
The Uttarakhand High Court advised to deal strictly in such cases. The next hearing of the case will be held on Tuesday i.e. May 6. On that day the police and the municipality have to submit a report of following the orders of the court.