J&K and Ladakh HC Initiates Contempt Proceedings Against IAS Officer for Harassing Judge

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Synopsis

Singh’s actions were seen as an attempt to undermine judicial authority and retaliate against the court's decision

The Jammu and Kashmir High Court has initiated criminal contempt proceedings against IAS officer Deputy Commissioner of Ganderbal, Shyambir Singh following allegations of harassment by Singh directed towards Judge Fayaz Ahmad Qureshi.

The division bench of the High Court, led by Justice Atul Sreedharan and Justice Sanjeev Kumar, ordered Singh to appear before the court personally on Monday, August 5, 2024, at 11:00 a.m. sharp. The contempt proceedings were instigated by Chief Judicial Magistrate of Ganderbal Fayaz Ahmad Qureshi's formal complaint, which accuses Singh of failing to adhere to court directives and launching personal attacks against him. Singh is accused of leveraging his administrative role to retaliate against Judge Qureshi after a court order in January required Singh to provide compensation to individuals affected by government land acquisitions.

Singh, a 2018 IAS officer and son-in-law of former Union Minister Prahlad Singh Patel, is facing allegations of retaliating against Sub-Judge Fayaz Ahmad Qureshi after the Judge ordered the attachment of Singh’s salary due to non-compliance with a judgment issued on October 31, 2022. The judgment, which had not been stayed, required execution, but Singh and other judgment debtors failed to comply, leaving the decree-holders waiting for over 18 months.

Additionally, according to the judicial order from Sub-Judge Qureshi, Singh allegedly abused his position to harass the judge, including through unauthorised visits by government officials to Qureshi’s property. These actions, as described in a July 23 order by Judge Qureshi, involved scrutinizing legal documents and conducting land measurements under questionable circumstances—actions deemed by Qureshi as a "clear abuse of official position.”

The High Court noted that Singh’s conduct appeared intended to "scandalize and weaken" Judge Qureshi through manipulation and fabrication, which constitutes criminal contempt.

The court has emphasised that non-compliance could result in coercive measures to secure Singh’s attendance. “Any attempt by him to avoid service of summons or his non- appearance shall be viewed seriously by this Court and the Court shall resort to coercive proceedings to secure his presence,” the court stated.

The court has appointed senior counsel Mr. R. A. Jan as amicus curiae to assist in the proceedings.

 

Cause Title: Case Title: Noor Mohammad Gojar Chichi & Anr Vs State of JK & Ors. [Ref (Crl) No. 1/2024]