Excelsior Correspondent
SRINAGAR, Aug 5: The High Court today granted one week to Deputy Commissioner Ganderbal for written response to the criminal proceedings against him by the Chief Judicial Magistrate Ganderbal and directed him to remain personally present on August 12 before the court.
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The contemnor-DC appeared before the Division Bench of Justice Atul Sreedharan and Justice Sanjeev Kumar as he was directed and the court apprised him about the reference forwarded by the CJM, Ganderbal against him as also the charge levelled against him by the Judicial Magistrate.
Court said the DC’s reply has not been done intentionally to demean the Court. The bench asked the office to forward the reference made by the Judge of the District Judiciary, Ganderbal to the Deputy Commissioner, Ganderbal today itself in order to give him an opportunity to file his reply to the charge levelled against him.
“He is expected to file his response on or before the next date of hearing. On account of the nature of the case, this court would like to decide this matter one way or the other as expeditiously as possible and no further time shall be given to the contemnor to file his response”, read the order.
Court directed that on the next date of hearing, Shyambir, Deputy Commissioner, Ganderbal shall remain personally present.
The criminal reference has been made by CJM Ganderbal, Fayaz Ahmad Qureshi, while initiating contempt proceedings against the DC in a case wherein the contemnor has made attempt to scandalise the Judicial Officer by using ‘manipulation and fabrication’ against the Presiding Officer of the court.
During the proceedings of the case, the court observed to the DC not to flout court orders. “Do you know what powers a Judicial Officer have?”
The Judicial Officer had 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 Deputy Commissioner 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 Sub-Judge has also recommended the transfer of the DC and a bond of good behavior be obtained from him. “……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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