Excelsior Correspondent
Srinagar, July 30: A local court here initiated a preliminary inquiry for criminal contempt against the Deputy Commissioner Ganderbal for not complying with an earlier court order and attempting to scandalise the judge “by manipulation and fabrication”.
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Sub-judge Ganderbal district court, Fayaz Ahmad Qureshi, accused Deputy Commissioner Shyambir of ordering an inquiry into land owned by him as “revenge” for an earlier order. The Judge legally purchased land in Ganderbal 15 years ago when he was not in the service.
The Judge asked the DC to explain why he should not be referred to the High Court for criminal contempt proceedings and recommended administrative action against DC Shyambir.
The case is regarding land acquisition, in which the petitioners approached the court saying they were not compensated by the Government after it acquired land from them, even though a decree in this regard was issued in 2022.
Earlier this year, an order directing the Deputy Commissioner to compensate the petitioners was passed by the judge and later on June 21, he directed that DC’s and other officials’ salaries be withheld.
The Sub-judge Qureshi in a judgement issued on July 23 said that his previous order “didn’t go well with Deputy Commissioner Ganderbal, Shyambir, who attempted to personally attack the Presiding Officer (the sub-judge) by scandalising him and weakening him by manipulation and fabrication.
“The committee has been constituted by the Deputy Commissioner Shyambir with oblique and malafide motives and evil intention in reaction to a lawful order passed by the Presiding Officer. Till the time order was passed, there was no problem with the contemnor as regards the land of the Presiding Officer but after passing of the judicial order in execution petition, the contemnor started misusing his position rendering him liable not only for contempt but criminal proceedings under Prevention of Corruption Act for abuse of the official position for ulterior motives,” read the judgement.
“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 as the Deputy Commissioner, by abuse of official position, wants to demonstrate the mighty powers he enjoys to lower the authority of the Court. Therefore, in the larger interest of the institution and to maintain the public trust, faith and confidence of the people in the independence and sanctity of the judicial institution, this court deems it appropriate to proceed in accordance with The Contempt of Courts Act, 1971,” the judgement further read.
“Because of such disturbing and un-precedented circumstances created by Deputy Commissioner and his revengeful acts as a reaction to judicial order, a continuous harassment is being caused to the Presiding Officer who has sufficient reason to apprehend that by use or mis-use of the official machinery, the Deputy Commissioner, if he continues in District Ganderbal, may try to implicate the Presiding Officer in some false or frivolous matter which can be manipulated or concocted by misuse of the legal machinery under the control of Deputy Commissioner as the same person acts in many responsibilities such as Deputy Commissioner, District Magistrate, District Development Commissioner etc,” the judgement read.
The Sub-Judge has also recommended the transfer of the DC and a bond of good behavior be obtained from him.
“This court feels that a bond is required to be obtained from Deputy Commissioner by the competent authorities for his good behavior as a public servant and further, he is required to be transferred from District Ganderbal to any other place at least till the time the criminal contempt proceedings are decided by the High Court of J&K so that neither he is able to create any further evidence nor he destroys the existing evidence,” it read.
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