BREAKING: No Leniency in Criminal Contempt against DC Ganderbal- Matter Referred to High Court.
No Leniency in Criminal Contempt against DC Ganderbal- Matter Referred to High Court.
By:- Aijaz Rather
01/08/2024 (JKNN) A local court of Sub Judge/ Chief Judicial Magistrate found the Criminal Contempt against Deputy Commissioner Ganderbal fit for Reference to Hon’ble High Court and then made a Reference to High Court of J &K and Ladakh.
As per law, a court whose contempt is committed has to make a reference to High Court if it finds that there is sufficient material to proceed further. Some ordinary violations are punished under Criminal Procedure Code( Now BNSS) and some under Code of Civil Procedure by the same court but in case of serious contempt which tends to lower or actually lowers down the authority of court,after preliminary inquiry Contempt has to be referred to High Court for trial and punishment.
If anyone is convicted of contempt he cannot hold any public office. Many instances are there in the world where for contempt Prime Ministers had to step down.
It is not a good news for the Deputy Commissioner- Shyambir Singh that Reference has been made after the court of Sub Judge/ Chief Judicial Magistrate Ganderbal primary facie found the contempt worth to be referred to High Court.
The order reads that the contemnor didn’t appear or filed reply to show cause despite sufficient opportunities were given to him and so,the court infered that the contemnor admits the contents of charge of contempt and has nothing to say in his defence.
The Sub Judge Ganderbal Mr Fayaz Ahmad Qureshi today concluded the contempt proceedings against the Deputy Commissioner.
On 23/07/2024, the court issued show cause notice to Mr Shyambir Deputy Commissioner Ganderbal,who is 2018 IAS officer,for remaining present and submitting reply to contempt charges and fixed the next date as 29/07/2024. On 29/07/2024, the counsel for the state submitted before the court that further time be granted. The court allowed the request of the counsel and granted further time scheduling next date on 01/08/2024. But the Deputy Commissioner Ganderbal didn’t appear and the standing counsel tried to delay the proceedings by seeking further opportunity for filing reply. The court dismissed the request holding that it is unreasonable and aimed at causing delay in contempt proceedings which have to be submitted to High Court expeditiously.
As per sources, the Reference has been submitted to High Court of J &K and Ladakh for further proceedings. Deputy Commissioner Shyambir Singh has to face the contempt in High Court onwards.
Experts view this reference as a historic step in restoring faith of people in Rule of Law. If the criminal Contempt is proved,the Deputy Commissioner can be sentenced and he can be dismissed from service.
Now,High Court of J&K and Ladakh has to carry further proceedings of contempt.
Notably,the contempt proceedings have emerged out of land compensation case in which the court of Sub Judge had directed on 30/10/2022 to pay compensation to land owners but they didn’t comply with the judgment.The landowners filed execution petition in the same court. After giving enough time to the state functionaries for complying with the judgment of the court, the court attached the salaries of Deputy Commisioner Ganderbal Shyambir Singh and others.But it is stated in order dated 23/07/2024 that Deputy Commissioner tried to personally attack the Judge to settle personal scores for passing a judicial order against him.
The Court considered the same as criminal Contempt as it is direct interference in judicial functions and meant to lower the authority of the court and so, proceeded against Deputy Commisioner Ganderbal.
(JKNEWS NATION)
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