Budgam: In a major development in the civil suit filed by the aggrieved residents of Brenwar regarding their traditional grazing rights in the Chaskani-Nad meadow in the Pir Panjal Forest Division, the Senior Superintendent of Police (SSP), Budgam, in a written response submitted before the District Court, Budgam, has clarified that the police have no role or authority in recognising, determining, or adjudicating community forest rights or grazing rights under the Forest Rights Act (FRA).
The report, submitted in compliance with the directions of the Court of the 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 the Forest Rights Act. It states that the role of the police is confined to maintaining law and order, preventing breaches of peace, and enforcing the law.
Significantly, the police report further states: “Police authorities have never prevented the plaintiffs from exercising any lawful right, and the police concerned have never interfered with the grazing activities of the plaintiffs’ livestock at Chaskani-Nad meadow.”
The development assumes significance in the backdrop of the civil suit concerning the longstanding grazing rights claimed by the people of Brenwar under the Community Forest Rights (CFR) provisions of the Forest Rights Act. The villagers had alleged in the suit that the police were preventing them from grazing their livestock in the Chaskani-Nad meadows at the behest of some local residents.
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 the law.
The aggrieved grazers welcomed the factual position placed before the court and expressed hope that the competent authorities would now proceed strictly in accordance with the provisions of the Forest Rights Act.
“The report submitted by the SSP is self-explanatory and has given us a sigh of relief. We are now hopeful of getting justice from the court in due course of time,” said Mohammad Aslam Jahara, the petitioner (plaintiff) in the case.
Advocate Shakir Mushtaq Parray, who is representing the petitioners, said the compliance report submitted by the police is an important development and clearly establishes that the police have neither the jurisdiction nor the authority to adjudicate community forest and grazing rights claimed by the villagers.
“The plaintiffs remain committed to pursuing the matter through lawful means for the protection and recognition of the traditional rights of the local community. The matter remains pending before the court, where the rights and claims of the parties are to be adjudicated in accordance with law,” Advocate Shakir said.
Pertinently, the Chaskani-Nad meadow in the Pir Panjal mountains of Budgam, bordering Poonch district, has been in the news for several years after some influential residents of Brenwar, Chadoora, claimed that around 10,000 kanals of pastureland belonged to them and allegedly charged grazing fees from Bakerwals coming from the Rajouri and Poonch areas.
The matter reached the court, which directed the government to decide the case in accordance with the provisions of the Forest Rights Act by convening a Halqa Majlis (Gram Sabha). However, for the past two years, the Gram Sabha has allegedly not been convened due to the influence of the said group.
Every summer, another group of local residents, who are also from the Gujjar community and are the petitioners in the present case, alleged that the police were preventing them from accessing the pastureland.
“To address this issue, we filed a case in the District Court, Budgam, last month. Now, with the posting of a new SSP Budgam and the court hearing the case regularly, it seems the issue will finally be addressed on its merits,” said Manzoor Ahmad Jahara, another petitioner (plaintiff) in the case.
