JKL High Court Reprimands Sr AAG For Misleading Court, Seeks Personal Affidavit Explaining His 'Unbecoming' Conduct
The Jammu and Kashmir and Ladakh High Court on Monday reprimanded Senior Additional Advocate General AR Malik for misleading the court by presenting the Additional District Commissioner as District Commissioner Anantnag. The latter had been summoned by the court in a petition challenging the eviction order passed by him against the petitioner.On 31st December, 2022, the court while granting...
The Jammu and Kashmir and Ladakh High Court on Monday reprimanded Senior Additional Advocate General AR Malik for misleading the court by presenting the Additional District Commissioner as District Commissioner Anantnag. The latter had been summoned by the court in a petition challenging the eviction order passed by him against the petitioner.
On 31st December, 2022, the court while granting the District Magistrate, Anantnag last and final opportunity of four weeks for filing reply, had ordered him to remain present before the court in case of default.
Subsequently on 4th February Sr. AAG, appeared and submitted before the court that due to the law and order problem, the District Magistrate could not appear before the Court and assured the court that the District Magistrate will remain present before the court along with the relevant record on the next date of hearing.
On 6 February, the Sr AAG 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 this only after hearing of the case was over.
A bench of Justice Wasim Sadiq Nargal took serious note of such conduct on part of the Senior AAG and directed him to file his personal affidavit by Monday explaining therein as to why he had not brought to the notice of the Court that instead of District Magistrate, Anantnag, the Additional Deputy Commissioner, Anantnag, is appearing.
Frowning over the conduct of the Sr AAG in the matter, Court 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".
“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”, the court said.
Lamenting the casual course adopted by the District Commissioner the court said that he despite the order of the court has evaded his appearance before the court and no plausible reason has either been pleaded or brought to the notice of the Court for his nonappearance and, as such, the conduct of the officer of such rank is unbecoming and contemptuous in nature.
“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 concluded.
Case Title: Mohammad Shafi Naikoo (Senior Citizen) v. District Magistrate Anantnag and other
Coram: Justice Wasim Sadiq Nargal