Srinagar, July 28, KDC: In a landmark order, a local court in Central Kashmir has initiated contempt proceedings against the Deputy Commissioner of Ganderbal, for his alleged misconduct and misuse of power.
The court of Sub Judge Ganderbal, Fayaz Ahmad Qureshi, according to Srinagar based news gathering agency Kashmir Dot Com, passed the detailed order on July 23, revealing serious accusations against the Deputy Commissioner Ganderbal, Mr. Shyambir.
According to order, the case in question involves an execution petition filed by decree-holders Noor Mohammad Gojar Chichi and Ghulam Hassan Gojar Chichi, who sought enforcement of a judgment and decree dated October 31, 2022.
The decree, however, according to the court order was not complied with by the judgment-debtors, prompting the execution petition.
The Court had issued an order on June 21, 2024, to attach the salaries of the judgment-debtors, including Deputy Commissioner Shyambir, due to non-compliance.
The order detailed that Deputy Commissioner Shyambir allegedly engaged in actions intended to intimidate and undermine the presiding judge, who had passed the order against him.
It’s claimed that following the court’s order, Mr. Shyambir “attempted to personally attack the Presiding Officer by scandalizing him and weakening him by manipulation and fabrication.”
The Deputy Commissioner, according to the Court order initiated a series of steps to harass the Presiding Officer, including forming a committee to investigate the judge’s property under ‘dubious’ pretenses.
The Court noted that this action was a clear abuse of official power: “The committee constituted for demarcation is clear abuse of the official position as neither the Presiding Officer moved any application for demarcation nor any notice was ever given to the presiding officer for any intended so-called demarcation of land in his possession.”
Judge Qureshi alleged that Deputy Commissioner Shyambir had launched a “vendetta” against him after the order was passed. The judge accused the DC of misusing official machinery to intimidate him by constituting a team to survey the judge’s property.
“No country can flourish and progress unless it has strong institutions particularly a strong, robust, independent and impartial judiciary,” the judge stated in the order. “Independent judiciary is the crown jewel of constitutional republic. No erosion of its independence can be allowed either from the forces operating within or outside.”
“This court has been constrained in the given circumstances which are narrated herein below to pass the following order, to uphold the Majesty of Law and maintain dignity and independence of the Court,” the order reads.
The order highlighted that the Deputy Commissioner’s actions amounted to “criminal contempt” as they were intended to “scandalize or tend to scandalize, or lowers or tends to lower the authority of the court.”
The Court observed, “Such an act on the part of the Deputy Commissioner/Contemnor, on the face of it, amounts to criminal contempt as the same is aimed at scandalizing the Judge who passed a judicial order and it has the potential to lower down the authority of this court.”
The Court has initiated preliminary proceedings under The Contempt of Courts Act, 1971. A show-cause notice has been issued to Mr. Shyambir, requiring him to respond and explain why contempt proceedings should not be referred to the High Court.
The Court also instructed the issuance of a bond for good behavior and recommended the transfer of Mr. Shyambir to another district to prevent further interference or harassment.
In addition to initiating contempt proceedings, the Court has directed that the matter be brought to the attention of the Chief Secretary of Jammu and Kashmir for appropriate administrative action. The Chief Secretary has been urged to ensure that there is “zero tolerance to corrupt and illegal practices of the officers whosoever high they may be placed.”
The Court has scheduled the next hearing for the execution petition on August 14, next month, and has directed that the contempt part of the petition be diarized separately and listed on July 29, 2024.
The Deputy Commissioner has been directed to submit his reply to the show-cause notice by the next date, failing which he will forfeit his opportunity to be heard. (KDC)
