Jehangir Ali 
Srinagar: A court in Kashmir has recommended criminal contempt proceedings and the transfer of an Indian Administrative Service (IAS) officer serving as Deputy Commissioner (DC) in Ganderbal district who allegedly abused his official position to intimidate and harass a judge.
The 2018 batch IAS officer Shyambir Singh, serving as DC Ganderbal since 2022, is said to have attempted to “scandalise” the judiciary by opening an investigation into the assets of judge Fayaz Ahmad Qureshi, who had ordered the DC’s salary to be stopped over his alleged non-compliance with an earlier court order.
In ordering the criminal contempt proceedings, sub-judge Qureshi 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.
“This court feels that a bond is required to be obtained from deputy commissioner .. for his good behavior … (and) he is required to be transferred from Ganderbal to any other place at least till the time the criminal contempt proceedings are decided .. so that neither he is able to create any further evidence nor he destroys the existing evidence,” the court ruled in its order on July 23.
The 12-page order is part of a petition filed on January 20 this year by an individual seeking the court’s intervention in the enforcement of a court judgment on October 31, 2022. After hearing the petition, sub-judge Qureshi asked for the state’s response and also ordered that the DC’s and others’ salary be stopped for non-compliance.
“The decree-holders, despite having the decree in their hands and waiting for fruits of the decree for about 18 months could not harvest the crops of such decree,” the court ruled. The state challenged the order in the same court but it was dismissed. However, the principal district court of Ganderbal stayed both the orders issued in 2022 and this year.
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Sub-judge Qureshi observed that after obtaining a stay order from a higher court, the DC began to engage in “revengeful acts” against him by creating “disturbing and unprecedented circumstances” involving his “continued harassment” for stopping his salary.
According to the order, a copy of which is with The Wire, the DC called a meeting and “conspired with some other officers/officials… to frame the presiding officer (judge) in any (a) fabricated incident and if this is not possible, to trace out if there is any property in the name of the judge anywhere.”
The DC “misused his official machinery” to trace the documents of a small land parcel purchased by the judge before his appointment in Tullamula locality of Ganderbal in 2009, and also illegally set up a team of revenue department which made an official visit to the site of the land with “oblique and malafide motives and evil intention.”
“On being questioned by the caretaker to know about the reason of sudden identification of the land belonging to the judge, a Patwari (revenue officials) stated that the judge has passed the order against the deputy commissioner and other higher officers and therefore, the deputy commissioner has constituted a team for demarcation of the land,” the court ruled, terming its as “harassment” of the judge.
“The committee… is (a) clear abuse of the official position,” the order noted, adding that the committee members were not officially authorised to demarcate the land outside their jurisdiction.
“In fact, this committee was constituted by (the DC) to manipulate the spot position to demonstrate the land purchased and in possession of the (judge) as Khascharai, against the recorded and settled spot position,” the judge noted, claiming that he has lawful possession of the land and the DC was attempting to “lower the image of the judge by manipulation of facts and reality.”
Khascharai is a title of common land in Jammu and Kashmir which is owned by the state but was meant for grazing purposes against which the government used to collect taxes from the grazers. However, due to rapid urbanisation, such land has also been used for other purposes.
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“Till the time order was passed, there was no problem with the (DC) as regards the land of the (judge) but after passing of the judicial order in execution petition, the salary of the (DC) was not drawn and the (DC) 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,” the judge observed.
As per rules, the court has ordered a preliminary inquiry and also issued a show-cause notice to the DC before referring the matter to the high court for initiating criminal contempt proceedings.
The DC has also been asked to appear before the court with his response before the next date of hearing on July 29.