"Will Not Cause Any Interference In Judicial Functions": J&K IAS Officer Tenders Apology In Criminal Contempt Matter

The apology, submitted in the form of an affidavit and reaffirmed verbally in court, has been accepted and will be forwarded to the High Court of Jammu & Kashmir and Ladakh for further consideration.

Accepting his apology CJM Fayaz Ahmad Qureshi recorded,

“This court provided sufficient time to the respondent-Mr. Shyambir Singh Deputy Commissioner Ganderbal to ponder over his apology. The respondent verbally reaffirmed that he is tendering the apology sincerely and he undertakes that he will not cause any interference in the judicial functions and will always respect the courts of law”.

The matter originated from actions allegedly taken by Singh, which were perceived as undermining the authority of the Sub-Judge Ganderbal, Fayaz Ahmad Qureshi.

Background

The controversy began when Sub-Judge Qureshi presided over an execution petition related to a judgment and decree dated October 31, 2022. The decree-holders sought the execution of the decree, which had not been stayed, prompting the court to order the attachment of the salaries of the judgment debtors, including Deputy Commissioner Shyambir Singh.

In response, it was alleged that Singh, instead of complying with the judicial order, retaliated by misusing official machinery to trace documents related to a property lawfully held by the Presiding Officer.

Accusing him of personal vendetta, the Sub-Judge had referred the matter to the High Court for initiating criminal contempt proceedings.

Singh subsequently appeared before the High Court and expressed regret, asserting that he had no intention of undermining the dignity of the court. The Division Bench, comprising Justices Atul Sreedharan and Sanjeev Kumar, advised Singh to demonstrate the sincerity of his apology by returning to the CJM Court and apologizing directly there.

"The contemnor orally submitted before this Court that whatever he did was not intentional to undermine the dignity of the learned court. He asked for some time to think over whether he is willing to file an affidavit of apology and personally appear before the learned court below", the bench had recorded. 

On complying with this directive, Singh presented his apology before the CJM Court, reaffirming that he had no willful intent to interfere with the administration of justice. His written apology, attested by the Executive Magistrate 1st Class Ganderbal, emphasized his respect for the courts and his commitment to not causing any further interference in judicial functions.

CJM Ganderbal accepted the apology and provided Singh with time to reflect on his actions. Singh, in his verbal reaffirmation, reiterated his respect for the judiciary and vowed to uphold the sanctity of the legal process.

The apology, now a matter of record, has been submitted to the High Court for further consideration.

Case Title: Noor Mohammad Gojar Chichi Vs State

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