J&K Court Seeks Contempt Proceedings Against Deputy Commissioner for Harassing Judge

August 2, 2024

Sub-Judge Ganderbal in Jammu and Kashmir has sought to initiate criminal contempt proceedings against Deputy Commissioner Shyambir Singh following allegations that Singh undermined the court’s authority in retaliation against a judicial order.

Sub-Judge Fayaz Ahmad Qureshi presided over an execution petition related to a judgment and decree dated October 31, 2022. The decree-holders had requested enforcement of this decree, which had not been stayed. Consequently, the court ordered the attachment of salaries for the judgment debtors, including Deputy Commissioner Shyambir Singh, due to their non-compliance. This left the decree-holders without resolution for about 18 months.

Following the court’s order, Deputy Commissioner Singh is accused of retaliating by misusing his official position to harass the presiding judge. This alleged harassment included unauthorized visits to the judge’s property by government officials under Singh’s direction.

The order revealed that Singh had responded negatively to the court’s ruling by attempting a personal attack on the judge. Singh allegedly tried to “scandalize and undermine the judge through manipulation and fabrication” and sought to “implicate the Presiding Officer.”

The court also criticized Singh’s “misuse of official resources” for personal revenge. According to the order, shortly after the previous ruling, Singh had focused on locating documents related to property lawfully held by the Presiding Officer. Despite finding no fault with the property’s purchase, Singh reportedly constituted a team, including a Naib Tehsildar and three Patwaris, to investigate the matter under the direction of the Assistant Commissioner, Revenue, Ganderbal.

The court condemned Singh’s actions as having “oblique and malafide motives” intended to retaliate against a lawful order and undermine the judge’s authority.

Expressing serious concern, the court deemed Singh’s actions as criminal contempt, noting that such conduct has the potential to diminish the court’s authority. The court initiated a preliminary inquiry and issued a show-cause notice to Singh, as mandated by the Contempt of Courts Act, 1971, and relevant High Court rules.

The court instructed Singh to “appear before the court to explain why a reference should not be made to the Hon’ble High Court of J&K and Ladakh for initiating contempt proceedings under the Contempt of Courts Act.”

The court also decided to inform the Chief Secretary of the Union Territory of Jammu and Kashmir, stating that it would be appropriate to place the matter before the Chief Secretary for administrative action in accordance with the law and Government Conduct Rules, 1971. Additionally, the court recommended transferring Singh from District Ganderbal to prevent further interference or manipulation of evidence related to the contempt proceedings.

The order emphasized the risks faced by judges in an adversarial judicial system, noting that decisions against the executive may lead to undue trouble for the presiding officer. It underscored the importance of judicial independence and impartiality, stressing that such acts of retaliation undermine the integrity of the judiciary and cannot be tolerated.

The case will be reviewed further, with the Deputy Commissioner required to respond to the show-cause notice issued by the court.

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