Israr Ahmed vs Ex-Officio Justice of Peace/Sessions Judge, Poonch, rawalakot Azad Jammu and Kashmir S

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Israr Ahmed VS Ex-Officio Justice of Peace/Sessions Judge, Poonch, rawalakot Azad Jammu and Kashmir S. 22-a---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Electricity act (IX of 1910), S. 12---Writ petition---Power of Justice of Peace---Electricity Supply Lines, installation of---advertent negligence of Electricity Department---allegedly, Electricity Department installed high voltage transmission wires 3/4 feet above the roof of petitioner's house---Petitioner's son got caught in the high transmission lines and was severely burned by electric shock---Petitioner moved an application before the Justice of Peace for the registration of criminal case against the responsible authorities of Electricity Department after fulfilling the formalities, but was dismissed---Validity---Record showed that no permission and consent of the landowner was obtained---No approved map issued for the installation of high transmission line was produced---It was an admitted fact that high voltage electricity transmission lines had been installed and passed above the house of petitioner without taking into account the relevant provisions of law---Section 12 of the Electricity act, 1910, clearly barred the electricity department to lay down any electric supply line or other work without the consent of its owner or occupier---Taking into account the relevant provisions of Electricity laws and criminal law and its enabling provisions, the responsible staff and officials of electricity department appeared to be negligent and this negligent act, prima-facie, constituted a cognizable offence, which imposed criminal liability on them---an act of negligence was not always simple particularly when the negligence resulted into costing lives of innocent---The degree of negligence varied in its consequence from person to person---Version of the petitioner taken in his pleadings had not been denied specifically rather an earlier incident also took place in year 1994 due to which brother of petitioner was electrocuted for which he verbally and in writing reported the matter time and again before the concerned official and staff of electricity department---It was an admitted fact that the son of petitioner was badly burnt due to electric shock and remained under treatment in hospital, where he was admitted and discharged time and again because of treatment---as per report of concerned doctor, 12% of vital parts of body of petitioner's son were burned, which was clear from the snapshots appended along with writ petition---Thus, the concerned staff and officials of electricity department appeared to have been negligent in discharging their duties efficiently and diligently rather they were fully aware of the consequences of such negligence---Therefore, they prima facie appeared to be guilty of 'advertent negligence, which constituted a cognizable offence---Writ petition was accepted accordingly.

Israr Ahmed vs Ex-Officio Justice of Peace/Sessions Judge, Poonch, rawalakot Azad Jammu and Kashmir S — 2025 YLR 1739 HIGH-COURT-AZAD-KASHMIR

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