The Uttarakhand High Court on Thursday heard a petition filed by Rizwan Khan, an assistant engineer with the Public Works Department (PWD), challenging his recent transfer from Khatima to Ghansali division in Tehri district. Khan is the son of Mohammad Usman (73), who is accused of raping a minor girl in Nainital last month — a case that triggered communal unrest in the town.
A division bench comprising Chief Justice Guhanathan Narendar and Justice Alok Nehra took up the matter, which comes in the wake of administrative actions taken after the April 30 incident. Following the alleged crime, widespread outrage led to vandalism and heightened tensions, prompting authorities to make several transfers in an attempt to restore normalcy.
Representing Khan, Advocate Kartikeya Hari Gupta argued that the transfer was punitive and had no legal basis. “No notice was served to my client, and the order was issued arbitrarily. The transfer is clearly a fallout of public anger over the incident involving his father,” Gupta submitted.
The petitioner’s counsel also pointed out that Hindu outfits circulated the transfer order on social media even before Khan officially received it. He called the move “unjustified” and “unnecessary,” allegedly executed under the pretext of administrative grounds.
However, Advocate General S. N. Babulkar and Chief Standing Counsel Chandrashekhar Rawat defended the government’s decision, asserting that the transfer was made in accordance with established rules.
The bench, while considering the submissions, directed the Nainital Senior Superintendent of Police (SSP) to conduct a probe into the matter and submit a report by Monday.
Significantly, the bench also took strong exception to the social media trolling of judges and lawyers associated with the case. “It is highly objectionable that judges and advocates are being trolled and no action is being taken,” the court observed, hinting at the growing menace of digital abuse in sensitive cases.
The matter will be taken up again after the SSP’s report is submitted early next week.
