Madhya Pradesh: Dhar civil court sentences SDM to 3 months jail for contempt of court

Dhar (Madhya Pradesh) [India], February 1 (ANI): A civil court in Dhar district has sentenced a Sub Divisional Magistrate (SDM) Bondar Singh Kalesh, currently posted in Bhikangaon in Khargone district, for three months of civil jail for contempt of court.

The court of Judge Class II (Junior Division) Mahendra Singh Mehsan on Tuesday (January 30) found the SDM guilty and pronounced the verdict. He also said that the SDM should be kept detained in the civil jail for three months, until that the court should not give order for his release.

Giving details about the case, the applicant’s lawyer Anshul Rajpurohit told ANI, “My client Manohar Jain (90) in Rajgarh, Dhar district, had a house built in Rajgarh Municipality area which was about 100 years old property. The Municipality had issued a notice for its removal. Following which our client removed that property and made construction again after taking permission from the municipality in 2018.”

When the property was completely constructed, after that the then SDM officer posted in the area Bondar Singh Kalesh, harassed his client unconstitutionally and issued a notice to demolish the property, after which they approached the civil court, he added.

He further said, “The civil court issued a stay on the notice and despite being aware of the stay of the civil court, the SDM partially demolished the building. After which, we moved an application for breach of injunction in the court. During the hearing on Tuesday (Jan 30), the court considered the SDM guilty and ordered a three-month civil imprisonment against him.”

Besides, Rajpurohit said that they had also challenged the order of the SDM about demolishing the property in the High Court. After which the Indore bench of MP High Court allowed their writ petition and accepted that the order given by the SDM Bondar Singh was wrong and he (SDM) had no right to pass such an order.

The court also ordered an enquiry should be conducted by Dhar collector against the SDM and order to provide compensation of Rs 25,000 to the petitioner.

The order issued by the High Court (Indore bench) Judge Vivek Rusia reads, “Normally, Revenue Authorities never proceed so quickly on an anonymous complaint, but in this case, it appears that due to some exterior considerations, such a quick action has been taken which is also liable to be enquired by the collector.”

“The petitioners shall be at liberty to claim compensation from the State for illegal demolition in the civil suit. But at this stage, the cost of Rs 25,000 is liable to be paid to the petitioners by the State. The Collector-Dhar shall be at liberty to recover this cost from Bonder Singh Kalesh after conducting an enquiry,” it added.