HC seeks personal affidavit of AAG; appearance of DC, ADC
Fayaz Bukhari
SRINAGAR, Feb 11: In a professional misconduct, Senior Additional Advocate General AR Malik faked Additional Deputy Commissioner Anantnag as Deputy Commissioner Anantnag and produced him before the High Court.
Justice Wasim Sadiq Nargal took serious note of professional misconduct by the Sr AAG. The court had sought personal appearance of the DC in a matter but Malik produced ADC Anantnag, Mohammad Ashraf, in such a manner making the court to believe that as if the DC Anantnag, is making his presence before the court.
The court came to know about the professional misconduct of the Sr AAG after hearing of the case was over.
Justice Nargal directed the Senior AAG to file his personal affidavit by Monday explaining therein as to why he during the proceedings of the case didn’t bring to the notice of the court about the antecedents of the official instead having passed on the slip to the employee without informing the court after the hearing of the matter was over.
Court added that neither the Senior AAG nor the ADC bothered to inform the court that instead of the DC Anantnag, the ADC is present before the court and they behaved in such a way as if the DC is present.
“Both of them were under legal obligation to have apprised the court that the District Magistrate could not appear for whatever reasons and in his place, the Additional Deputy Commissioner, Anantnag, is making his presence before the Court”, read the order.
Court while expressing its deep anguish on the conduct of the Sr. AAG said an Advocate also plays an important role in the justice delivery system but the act on the part of the Sr AAG is unbecoming.
Court has also taken serious note to take the court directions as casual on part of the DC Anantnag and recorded that he despite the order of the court has evaded his appearance before the court.
“In view of the above, before proceeding further in the matter, the District Magistrate and the Additional Deputy Commissioner, Anantnag (Mohammad Ashraf), are directed to remain present before the court on 13th February, 2023, to explain their position and to show cause as to why action as warranted under law be not taken against them”, court directed.
The background of the case is that on 4th February, 2023 when the matter was taken up for hearing neither the District Magistrate, Anantnag, was present before the court nor the reply was filed as per the previous court orders and the matter was kept on board for some time to provide opportunity to the officer (DC Anantnag) or his counsel to defend the case.
The Sr. AAG also submitted that he has prepared the reply and the same will be filed by or before the next date of hearing positively and the Registry was, accordingly, directed to entertain the reply likely to be filed by him on behalf of the Government official. However, on the assurance of the Senior Additional Advocate General the matter was adjourned and directed to be listed on 06.02.2023 for personal appearance of the District Magistrate, Anantnag.
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