Jammu & Kashmir And Ladakh High Court Accepts Unconditional Apology From Sr AAG, DM Anantnag

Observing that the apology tendered by Senior Additional Advocate General Abdul Rashid Malik and District Magistrate Anantnag is accompanied with a sense of genuine remorse and repentance and is not a calculated strategy to avoid punishment, the Jammu and Kashmir and Ladakh High Court on Friday accepted their unconditional apology.

Accepting the apology, a bench of Justice Wasim Sadiq Nargal observed,

"Apology cannot be accepted, in case it is hollow; there is no remorse, no regret, no repentance, or if it is only a device to escape the rigor of the law. Such an apology can merely be termed as a “paper apology”.

However, the apology which has been tendered by the aforesaid persons seems to be tendered with a sense of genuine remorse and repentance and the same is accepted as bona-fide, Justice Nargal added.

Earlier on February 6, 2023 court had taken a serious note of the conduct on part of the Senior AAG and directed him to file his personal affidavit 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, was appearing, this when the court had clearly asked for the personal presence of District Magistrate Anantnag.

Subsequently on Feb 13, 2023, District Magistrate Anantnag had appeared and his statement came to be recorded wherein he had submitted that he was not aware of the court order passed on 31st December, 2022, and that he came to know about the said direction only on 4th February, 2023, when the case was taken up.

He further submitted that the order passed was conveyed to him by Abdul Rashid Malik, Sr. AAG on 4th February, 2023, telephonically and that he could not appear on the date in light of the order passed in some public interest litigation with regard to the encroachment drive.

The District Magistrate had in his statement further recorded that on 6th February, 2023, he was conveyed by Malik that the Additional Deputy Commissioner, can appear on his behalf and that he had not moved any application for seeking his exemption on the assurance extended by Malik that Additional Deputy Commissioner can appear on his behalf.

In view of the statement of the officials which ran contrary to the affidavit filed by the Sr AAG and stand taken by him, the Sr. AAG had prayed that he be given an opportunity to file a better affidavit seeking unconditional apology from the court.

Pursuant to the same, fresh affidavits came to be filed by Malik, Deputy Commissioner, and Additional Deputy Commissioner, Anantnag seeking an unconditional apology.

Commenting on these fresh affidavits, the court said that the the stream of administration of justice has to remain unpolluted so that purity of court’s atmosphere may give vitality to all the organs of the State. Justice Nargal added that the polluters of judicial firmament are required to be well taken care of to maintain the sublimity of court’s environment to enable it to administer justice fairly and to the satisfaction of all concerned.

Highlighting the power to punish for contempt as "a rare species of judicial power" which by the very nature calls for exercise with great care and caution, the court observed that such power ought to be exercised only where “silence is no longer an option.”

"Being a member of the Bar, it was a duty of Ld. Sr. AAG, Mr. Abdul Rashid Malik not to demean and disgrace the majesty of justice dispensed by a court of law. The judicial process is based on probity, fairness and impartiality which is unimpeachable," said the court.

Closing the proceedings in the matter, the court said though the unconditional apology tendered by Malik and the two officers are belated, the same seem to be bona fide and as they have shown remorse and repentance of their acts.

Case Title: Mohammad Shafi Naikoo Vs District Magistrate Anantnag & Ors.

Citation: 2023 LiveLaw (JKL) 49

Coram: Justice Wasim Sadiq Nargal

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