Srinagar: The issue of criminal contempt proceedings against an Indian Administrative Service (IAS) officer posted in Jammu and Kashmir has reached before the J&K High Court after the officer failed to respond to a show cause notice issued to him by a lower court.
In an order on Thursday, August 1, a court in central Kashmir’s Ganderbal district observed that it had given “sufficient opportunities” to Shyambir Singh, a 2018-batch IAS officer from Madhya Pradesh, to respond to the notice which was issued to him last month in a suo motu contempt petition.
The court of sub-judge Fayaz Ahmad Qureshi ruled that Singh, who is posted as deputy commissioner of Ganderbal district, “neither bothered to appear before the court nor he has furnished his reply.”
”Accordingly, this court deems it appropriate to proceed in accordance with The Contempt of Courts Act, 1971 r/w rules framed by Hon’ble High Court of J&K for regulating the procedure of contempt of itself and of the subordinate courts dated 23rd October 2023,” the court ruled, adding that it was referring the matter to the high court for initiating criminal contempt proceedings against Singh.
As per clause 2 of section 15 of the Contempt of Courts Act, 1971, the high courts are empowered to take action on a reference made to it on any criminal contempt of the subordinate court.
“Normal disobedience by public servants can be dealt with under different laws. But this is a grave contempt and punishment could disqualify them from holding public office,” a former law officer of J&K who didn’t want to be named, said.
The court in Ganderbal said that the contempt proceedings were briefly halted after the state counsel on July 29 pleaded for more time for filing reply to the show-cause notice, while observing that “as per mandate of law in contempt proceedings”, a counsel “cannot appear on behalf of” the accused officer.
According to court documents, Singh, the accused officer, had “illegally” initiated proceedings to demarcate Judge Qureshi’s land after the latter had ordered his salary to be stopped due to alleged non-compliance with a court order issued nearly 18 months ago.
Singh had allegedly passed directions for setting up a committee headed by assistant commissioner revenue (Ganderbal), M Altaf Bhat, a Kashmir Administrative Service (KAS) officer, which was tasked to demarcate the land owned by the latter.
In an order on July 23, the court had directed Bhat to submit record of the file. “That file has probably valuable evidence,” said sources.
When the matter was heard on July 29, the state counsel sought time to file its reply. However, when the issue came up for hearing on Thursday, the state told the court that Bhat could not submit the record because he has been sent on a government training program in the capital Srinagar from July 29 to August 2 and his charge has not been given to any officer.
However, in a strong observation, the court observed that it was “not possible to keep any office, particularly office of the assistant commissioner revenue, vacant without giving routine charge to any officer, “This excuse is suggestive of the fact that either the record is being manufactured or fabricated and that is why the assistant commissioner revenue has avoided to submit the scanned copy of the record before this court, under the instructions of deputy commissioner.”
The court said that “sufficient opportunities” were given to the deputy commissioner “who, despite seriousness of the matter, preferred not to appear before the court”, “This gives sufficient reason to this court to draw an inference that the contents of the show-cause notice are accepted and the contemnor (DC) has forfeited his right to file any reply.
“On the last date, on July 29, this court also extended the time for additional delivery of the copy of the show cause notice on the Deputy Commissioner but despite that he has neither bothered to appear before the court nor he has furnished his reply,” the court said in its order on Thursday (August 1) while referring the matter to the high court.
On July 23, the court in Kashmir had recommended criminal contempt proceedings and the transfer of Singh, accusing him of abusing his official position to intimidate and harass the judge.
The court had also recommended that the chief secretary of Jammu and Kashmir take administrative action under the Government Conduct Rules, 1971, against the DC, describing him as a “constant potential threat” to the judiciary.
