A court lists ITeA chief’s Rs 10 crore compensation case on Sept 8

Srinagar: A local court at Bandipora in north Kashmir has listed Rs 10 crore compensation suit filed by the chairman of the Islami Tanzeem-e-Azadi (ITeA) Abdul Samad Malla alias Inquilabi for his alleged repeated arrest under different Acts during the past more than two decades on September 8.
The Principal District and Session Judge, Bandipora has fixed September 8 as next date of hearing to commence arguments.
On the direction of the court, the respondents through their counsel  filed the reply on July 25 against the suit filed by Inquilabi, seeking a compensation of Rs 10 crores for his alleged repeated arrests under different Acts during the past 20 years.
However, when the case came up for arguments, the counsel representing respondents sought time which was granted by the court.
Inquilabi had filed a case seeking compensation alleging that due to his repeated arrests under Public Safety Act, TADA and other Acts during the past 20 years, his domestic condition has been affected adversely.
He had said that he has lost all abilities and potential to work for material gains and illegal confinements, intimidation, surveillance and other repressive and oppressive actions have miserably affected his body and mind.
Inquilabi had said the state is under an obligation to provide compensation for the wrong committed by the functionaries (police).
Accordingly a demand of Rs 10 crore was raised in lump sum for the liquidated and unliquidated damages together with exemplary costs for the loss, injury, pain, agony and harassment being suffered by him. The vicarious liability is accordingly enforceable against the state, he said in the case.
He had made Jammu and Kashmir State, through Chief Secretary and Director General of Police as respondents in the case.
Inquilabi had said during the past 20 years, he was arrested more than 35 times under PSA, TADA and other laws. The court had later directed Tehsildar, Sumbal and other revenue officials to provide full details about the movable and immovable property besides bank balance of Inquilabi.
The tehsildar in his report to court had said that the matter was verified from field staff and by him (tehsildar) as well and it was found that Inquilabi (Malla) does not possess any immovable or movable property on his name in tehsil Sonawari as per the revenue records.
He had said Inquilabi mostly remains at Srinagar and the father of applicant has given him a room in his house which he uses when he comes to the area. He does not possess any Movable property including any Motorcycle, Car, Refrigerator and items pertaining to daily use.
Further the report had said that tehsildar approached the concerned Banks for furnishing the details of the accounts along with the outstanding if any against the applicant but they also reported that the applicant does not possess any bank account as well.