J&K High Court Takes Exception To 'The Hindu' Newspaper's Report On Judge's Leave

The Jammu & Kashmir and Ladakh High Court has taken note of a media report published by The Hindu and circulated on social media regarding the leave taken by a judge, and referred the matter to the Chief Justice (Acting) for consideration of criminal contempt proceedings.

The report, published in The Hindu, had suggested that National Investigation Agency (NIA) and Habeas Corpus matters were reassigned from the bench led by Justice Atul Sreedharan due to an “unprecedented change” in the roster, and further implied that Justice Sreedharan had taken leave in response to these changes.

Justice Atul Sreedharan and Justice Mohammad Yousuf Wani, presiding over the case, clarified that the roster changes were routine and issued by the Chief Justice (Acting) through a notification dated June 28, 2024, for the period from July 1, 2024, to September 28, 2024.

According to the notification, the Division Bench (DB-I) at the Srinagar Wing of the High Court, headed by the Chief Justice (Acting), was assigned matters that included Letters Patent Appeals (LPAs). The adjustments were made as part of a standard administrative process to streamline the handling of cases, particularly those related to national security and detention matters.

The court addressed the misrepresentation in the media report, stating: "The factual aspect given in the social media and the newspaper, whereby it was alleged that the roster was shifted midway from the Bench headed by one of us (Atul Sreedharan-J) was false, malicious, and contemptuous as same amounts to interference in the administration of justice."

The judges emphasized that the roster changes were implemented to ensure the expeditious hearing of sensitive cases and that there was no abrupt or irregular reassignment of matters.

Further, the court rejected the media's portrayal of Justice Sreedharan's leave, which suggested it was related to the roster change. The judges clarified that Justice Sreedharan had taken a medical leave on September 2, 2024, unrelated to any administrative decision.

Taking a strong exception, the court remarked, "This misrepresentation, thus, not only misleads the public but also damages trust in the judiciary. The reasons given in the social media post as to why one of us (Atul Sreedharan-J) had gone on leave gives an impression that the said Judge went on a protest leave against a change in roster."

The court further noted that such an inference creates a false and damaging perception that the judge had a vested interest in handling specific cases.

Given these distortions, the High Court referred the matter to the Chief Justice (Acting) for consideration of criminal contempt proceedings against the publishers of The Hindu. The bench also requested that Justice Sreedharan not be involved in any further hearings related to this matter, in light of his direct involvement in the issues discussed in the media report.

Case Title: Syed Mehrajul Yasin Vs Union of India & Ors

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