Criminal Contempt Charges Against DC Ganderbal Shyambir, Chief Secretary Urged to Transfer Him Amid Contempt Proceedings
Criminal Contempt Charges Against DC Ganderbal Shyambir, Chief Secretary Urged to Transfer Him Amid Contempt Proceedings”
Suo Moto Contempt against DC Ganderbal – Shyambir
By:- Aijaz Rather
Ganderbal 27/07/2024 (JKNN ) A local court here in Ganderbal took serious notice of the interference by Deputy Commissioner Ganderbal-Shyambir into court proceedings and directed him to remain present before the court to answer why Criminal Contempt against him be not sent to High Court.
Notably, the court of Sub Judge Ganderbal passed an order on 21st June,2024 attaching salary of two Commissioner Secretaries and Deputy Commissioner Ganderbal in an executiion petition which was pending before the court. The court directed the judgment debtors to comply with the judgment and decree whereby compensation for land was ordered by the court in the year 2022. In compliance with court order, salary of Deputy Commissioner was withheld by District Treasury Officer.
The court found that the Deputy Commissioner Ganderbal namely Shyambir got offended due to judicial order against him and he tried to pressurise the Judge by deploying a revenue team, without any reason, on the land owned by the Presiding officer. Such conduct of the Deputy Commissioner was seen by the court as an attack on the court process aiming at lowering the authority of court and interfering in independent and impartial Judicial functions.
The court observed that in India, the Judiciary is separate from executive due to Constitution of this country which makes it powerful and strong institution and no interference can be allowed in decision making.
It was also observed in the order that the conduct of deputy commissioner immediately after the court passed order against him and others is not only illegal but it is a criminal Contempt as per Contempt Of Courts Act.
While taking strong notice of the fact that Deputy Commissioner tried to concoct and implicate the Presiding Officer in a false and fabricated case to cause interference in disposal of execution petition before the court,held that this is a case where court must invoke contempt proceedings to maintain trust,faith and confidence of the people in the institution of judiciary otherwise anyone can try to weaken the institution if order is passed against such authority.The court affirmed that no interference from any quarter in an independent judicial process can be allowed.
Holding that courts have to decide cases where state and its functionaries are parties and if courts decide a case against the functionaries it will not give them any justification to become revengeful and personally attack the Judge but the remedy is to challenge the order in appeal.
Apprehending that the Deputy Commissioner Ganderbal can either destroy or create evidence, the court directed that the matter be placed before Chief Secretary of UT of J&K to transfer Deputy Commissioner Ganderbal-Shyambir to enable the Hon’ble High court to decide criminal Contempt on its merits.
Besides,the court of Sub Judge Ganderbal directed the Deputy Commissioner to remain present in the court on Monday- 29th July and show cause why Reference be not made to High Court for criminal Contempt against him.
The Court has repeated that any attempt to scandalise the judge or lower the authority of the court is a criminal Contempt. The court primafacie held that the acts of the Deputy Commissioner Ganderbal fall in criminal Contempt. The matter has been fixed on 29.07.2024.
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(JKNEWS NATION)
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