P&H High Court Finds An Additional Sessions Judge Committed Contempt of Court prima facie, Issues Notice

The High Court of Punjab and Haryana on Thursday found that an Additional Sessions Judge, prima facie, committed contempt of Court for violating its order and issued notice to all the concerned parties.

A bench of Justice Arvind Singh Sangwan revived the contempt petition after considering a sealed cover enquiry report submitted by the Registrar Vigilance of the High Court.

Earlier, the High Court has directed the Registrar (Vigilance) to conduct a fact finding enquiry to ascertain whether the presiding officer willfully disobeyed its order passed on 20.05.2016.

In its 2016 order, the high court asked the Additional Sessions Judge not to pass any final order in a trial pending before it. In the meantime, it was brought to the notice of the high court that the accused have been acquitted by the trial court despite its stay.

Against order of the acquittal by trial court, a contempt petition was moved by the petitioner for initiating action against the then Additional Sessions Judge, Kapurthala, Ms. Jitender Walia for violation of the orders passed by the high court.

The vigilance report stated that “the respondent/officer was well aware about the stay order passed by this Court not to decide the trial and despite that, the accused were acquitted.”

In her defense, the presiding officer stated that she was not aware of the order of the high court restraining the trial court from passing the final order.

Pertinently, first anticipatory bail applications of the accused persons were declined. However, the second application was allowed by the same Additional Sessions Judge, without making a reference to the first bail application.

The complaint/mother of the deceased had approached the high court initially seeking a direction for further investigation in the case as her own statement was never recorded by the police in a murder case.

The high court asked the Additional Sessions Judge not to pass any final order in a trial pending before the lower court. Also, it issued a direction to the police authorities to record the supplementary statement of the petitioner/complainant.

Earlier in July 2022, the High Court disposed of the contempt petition in view of the pending appeal filed against acquittal and voluntary retirement of the Presiding Judge.

“Prima facie, the respondent – Ms. Jitender Walia, the then Additional Sessions Judge, Kapurthala, has prima facie committed contempt of Court by violating the order dated 20.05.2016 …. Accordingly, this contempt petition is revived,” the high court ordered while issuing notice.

Cause Title- KULWANT KAUR @ KANTO VS JATINDER WALIA