A bench of the Jammu and Kashmir and Ladakh High Court has made it clear—criminal allegations cannot be used as a roadblock when it comes to exercising property rights.
The ruling came in the case of Arun Dev Singh, who had approached the authorities in Bishnah, Jammu, for revenue extracts (Fard Intikhab) of land he wished to sell. Instead of processing his request, the Tehsildar insisted on a No Objection Certificate from the Crime Branch, pointing to pending criminal charges against Singh, including forgery, cheating, and conspiracy.
The Crime Branch refused clearance, leaving Singh unable to proceed with the sale. That’s when he knocked on the doors of the High Court.
Justice Sanjay Dhar, delivering the verdict, was unequivocal: “Even a criminal has a right to sell his land. The pendency of a case does not strip him of that right.” The Court further observed that the criminal proceedings had no connection to the land in question, making the insistence on police clearance unjustified.
The bench directed the Tehsildar to issue the required Fard Intikhab within seven days of receiving the order, stressing that basic property rights cannot be curtailed on vague grounds.
With this, the Court reaffirmed that ownership rights remain intact even when a citizen faces criminal prosecution—unless the property itself is part of the dispute.