Sr AAG Tells JKL High Court There Was No Concealment, Apologises For Inadvertent Communication Gap

Senior Additional Advocate General AR Malik, who was recently asked by the Jammu and Kashmir and Ladakh High Court to explain his conduct in failing to disclose the real identity of a government official summoned by the court, has filed an affidavit explaining the circumstances and aplogising for any communication gap on his part.

The High Court had reprimanded 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.

In his affidavit, Malik claims 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 an 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 added that he holds 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.

He added that 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.

"That it is humbly submitted that the Deputy Commissioner has sincerely and faithfully discharged his legal and constitutional duty perfectly in accordance with law but due to unavoidable circumstances and faced with an emergent situation, he could not personally present himself in the Court and instead deputed the Additional Deputy Commissioner alongwith the record who 1s also the nodal officer under the Migrant Preservation of Property Act in the district," the affidavit said. 

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.