Jammu And Kashmir High Court Orders IAS Officer To Appear In Criminal Contempt Case Following Alleged Harassment Of Judicial Officer

Following a reference made by the Chief Judicial Magistrate of Ganderbal, Justices Atul Sreedharan and Sanjeev Kumar observed,

“Issue notice to the contemnor, Mr Shyambir by Humdast. The contemnor shall appear in person before this Court on Monday i.e., 5th August 2024 at 11:00 am sharp. Any attempt by him to avoid service of summons or his nonappearance shall be viewed seriously by this Court and the Court shall resort to coercive proceedings to secure his presence”.

The proceedings were initiated after allegations surfaced that Deputy Commissioner Singh had retaliated against Sub-Judge Fayaz Ahmad Qureshi. This followed Judge Qureshi's order to attach Singh's salary due to non-compliance with a judgment dated October 31, 2022.

The decree, which had not been stayed, required execution, leading to the attachment order after the judgment debtors, including Singh, failed to comply, leaving decree-holders waiting for resolution for over 18 months.

According to the judicial order from Sub Judge Qureshi, the Deputy Commissioner allegedly misused his position to harass the judge, including unauthorized visits to the judge's property by government officials. This was perceived as an attempt to undermine judicial authority and retaliate against the court's decision.

The court had noted that Singh's actions aimed to "scandalize and weaken" Judge Qureshi through manipulation and fabrication, constituting criminal contempt.

Acknowledging the gravity of the allegations the High Court emphasized that any attempt by Shyambir Singh to avoid service of summons or fail to appear would be met with serious consequences, including coercive measures to ensure his presence.

In an effort to uphold judicial dignity and independence, the High Court has appointed senior counsel Mr. R. A. Jan as amicus curiae to assist in the proceedings.

The case has been listed for further hearing on August 5, 2024.

Case Title: Noor Mohammad Gojar Chichi & Anr Vs State of JK & Ors.

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