Senior AAG Seeks Time To File 'Better Affidavit' Seeking Unconditional Apology For His Conduct Before JKL High Court

A bench of Justice Wasim Sadiq Nargal directed the AAG along with the officers to file their personal affidavits within a week, while posting the matter for hearing on February 28.

The directions came to be passed after the bench recorded the statements of both DC and ADC Anantnag, which were contrary to the affidavit filed by the Sr AAG.

The Sr.AAG, when confronted by the court on the said position, sought one more opportunity to file a better affidavit seeking an unconditional apology from the court. He further submitted that the two officers may also be permitted to file an affidavit seeking an unconditional apology from the court.

"Let the personal affidavits be filed by Mr. A. R. Malik, learned Sr. AAG, Deputy Commissioner, Anantnag, and Additional Deputy Commissioner, Anantnag, in terms of the submission made by Mr. A. R. Malik, learned Sr. AAG, with a week’s time," Justice Nargal recorded.

Earlier, the court had sought the personal appearance of DC Anantnag on February 06 in case he failed to submit a reply in a matter pertaining to a plea challenging the eviction order passed by him.

However, on the said day, instead of DC Anantnag, the ADC, Anantnag, had appeared before the court. The Court said this factum was not informed to it. It had thus reprimanded the officers and AAG for "deliberately misleading" the court by concealing the identity of ADC, Anantnag and presenting him as DC.

Filing a personal affidavit in the matter, Mr Malik claimed that he had in fact informed the Court that the ADC is present with the record since the District Commissioner is dealing with a law and order situation in an anti-encroachment drive initiated by the J&K government.

"I had made the submission twice in the Court that the Additional Deputy Commissioner is present in the Court on 06-02-2023 and the case may be taken up for consideration. That the Hon’ble Court called the officer and even at that time the submission was made to the Hon’ble Court that the officer 1s Additional Deputy Commissioner Anantnag," the Sr AAG said in his affidavit.

Malik had further added that he held the court in high esteem and there was no question of concealing the identity of the officer as there was no such reason in view of the facts and circumstances of the case for the Deputy Commissioner to evade his presence. Despite all these submissions if at any stage of proceedings, there was any communication gap, he along with two official respondents submits an unconditional apology, the affidavit read.

Case Title: Mohammad Shafi Naikoo Vs DM Anantnag & Ors

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