Excelsior Correspondent
SRINAGAR, Aug 12: The High Court today suggested Deputy Commissioner Ganderbal, Shyambir, to file an apology or personally appear before the Chief Judicial Magistrate Ganderbal by tomorrow.
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Hearing the criminal contempt against the DC, the Division Bench of Justice Atul Sreedharan and Justice Sanjeev Kumar before proceeding ahead in the case suggested him to go and file apology before the Judicial Magistrate Ganderbal or appear personally before him. The matter has been listed for further consideration on August 14.
As soon as the DC appeared before the court with his reply, the bench did not take the same on record and directed the DC to submit it before the Registry of court today itself.
The DC told the Court that he was preparing a detailed reply in light of the orders of the court below, however, requisite records from various sections was required to be called and perused for preparing detailed reply which took time and accordingly, Standing Counsel made a request to seek further time from the CJM’s Court on 01.08.2024 to file a detailed reply.
“Whatever I did was not intentional to undermine the dignity of learned court and the court below was pleased to decline the request to grant further time and made a reference to the High Court on the same date,” he said.
The DC submitted before the bench that he respects the orders of the Court and never has made any attempt to disobey them at any cost and that non-filing of reply before the court below was not deliberate but was due to multiple compulsory, unavoidable official engagements and for the reason that the requisite records were required to be called from various sections and perused for preparing and submitting a detailed reply.
“However, it is unfortunate unfoldment of the circumstances and coincidence as brought out above that the CJM has misconstrued the circumstances and made a reference to this Court without affording further time to the respondent to file reply”.
On this, the court asked him to go and apologize or be personally present in court room of the CJM Ganderbal.
The DC in his reply denied that the averments in the order dated 23.07.2024 by the court below are unfounded and averment made in the orders dated 23-07-2024 and 01-08-2024 by the court regarding the interference or creating any impediment with respect to the discharge of Judicial functioning of the Court of Sub- Judge Ganderbal at the hands of the respondent-DC and stated that the allegations are completely baseless, apprehensive and contrary to the records.
“It is submitted that respondent has always maintained sanctity and dignity of all the judicial forums and has always implemented the orders passed by judicial forum in its letter and spirit and he has never in its personal capacity been aggrieved of any of the orders passed on in the matters related to the State’s litigations”, read the reply of DC.
The DC in the reply said that he has never misused official machinery and has not deliberately or inadvertently tried to target the Judge by identifying his property and the action of the revenue functionaries by constituting the demarcation team has no relevance with the allegations levelled as well as such actions are taken in the normal course entirely in official capacity following the due procedure as mandated under law for safeguarding the interests of the Government and the public at large.
“That, the DC has never done any overt or covert act specific to target the Presiding Officer or any of his personal interests nor ever there has been any attempt to implicate the Presiding Officer or to jeopardize any of his interests. Neither any specific meeting was held nor was any direction ever issued against the Presiding Officer”, read his reply.
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