Warns coercive steps if he fails to appear
Excelsior Correspondent
Srinagar, Aug 2: High Court today directed the Deputy Commissioner Ganderbal to appear before it on August 5 (Monday) with the warning that failure of his presence would warrant coercive proceedings against him.
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The presence of DC Ganderbal- Shyambir has been sought by the Division Bench of Atul Sreedharan and Justice Sanjeev Kumar in a reference made by Chief Judicial Magistrate Ganderbal, Fayaz Ahmad Qureshi, while initiating contempt proceedings against the DC for attempt to scandalise the Judicial Officer by using ‘manipulation and fabrication’ against the Presiding Officer of the court.
“The contemnor shall appear in person before this court on Monday at 11.00 am sharp. Any attempt by him to avoid service of summons or his non-appearance shall be viewed seriously by this court and court shall resort to coercive proceedings to secure his presence”, the DB directed.
The DB has requested senior counsel R A Jan to assist the court as an amicus and asked the Registrar Judicial to seek his consent in this regard. It is noted here that the judicial officer has recently initiated a preliminary inquiry for criminal contempt against the Deputy Commissioner Ganderbal for not complying with an earlier court order and attempting to scandalise the Judge by using words “manipulation and fabrication”.
The Deputy Commissioner is accused of ordering an inquiry into land owned by the Judicial Officer as “revenge” for an earlier order. The Judicial Officer had asked the DC to explain why he should not be referred to the High Court for criminal contempt proceedings and recommended administrative action against him.
The CJM court in its earlier order had directed the DC to compensate the land owners in lieu of land acquired by the Government for public purposes. The Judicial Officer in his order under reference said that the DC attempted to personally attack him by scandalising him and weakening him by manipulation and fabrication.
“The committee has been constituted by the Deputy Commissioner Shyambir with oblique and malafide motives and evil intention in reaction to a lawful order passed by the Presiding Officer. Till the time order was passed, there was no problem with the contemnor as regards the land of the Presiding Officer but after passing of the judicial order in execution petition, the contemnor started misusing his position rendering him liable not only for contempt but criminal proceedings under Prevention of Corruption Act for abuse of the official position for ulterior motives,” read the judgement.
The Sub-Judge has also recommended the transfer of the DC and a bond of good behaviour be obtained from him. “This court feels that a bond is required to be obtained from Deputy Commissioner by the competent authorities for his good behaviour as a public servant and further, he is required to be transferred from District Ganderbal to any other place at least till the time the criminal contempt proceedings are decided by the High Court of J&K so that neither he is able to create any further evidence nor he destroys the existing evidence,” read the CJM’s order.
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