On Friday(2nd August),the High Court of Jammu and Kashmir and Ladakh summoned the Deputy Commissioner of Ganderbal, Shyambir (IAS), after a trial court judge alleged that Shyambir was attempting to frame him in retaliation for an adverse order. The notice, issued by Justices Sanjeev Kumar and Atul Sreedharan, follows a criminal contempt reference from Chief Judicial Magistrate Fayaz Ahmad Qureshi.
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SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has summoned the Deputy Commissioner of Ganderbal, Shyambir (IAS), following allegations from a trial court judge that the officer has been attempting to frame him in a false case as retaliation for passing an adverse order. The Bench, comprising Justices Sanjeev Kumar and Atul Sreedharan, issued the notice to Shyambir on Friday(2nd August), acting on a criminal contempt of court reference filed by Chief Judicial Magistrate (CJM) of Ganderbal, Fayaz Ahmad Qureshi.
The High Court’s order mandates the Deputy Commissioner to appear personally before it on August 5.
“The contemnor must appear in person before this Court on Monday, August 5, 2024, at 11:00 am sharp. Any attempt to evade service of summons or failure to appear will be taken seriously by this Court, which will initiate coercive measures to ensure his presence,”
-the High Court warned.
The contempt case stems from execution proceedings in a civil suit related to the acquisition of certain land. Landowners had approached the trial court, complaining about the non-receipt of compensation from the government for the land acquisition.
In January, CJM Qureshi ordered the payment of compensation to the aggrieved landowners. However, by June, the court found that its orders had not been complied with. Consequently, it ordered the attachment of the salaries of the district officials responsible for executing the order, which included Deputy Commissioner Shyambir Singh (IAS).
The situation escalated when Shyambir allegedly initiated an investigation into property belonging to CJM Qureshi. In a July 23 order, CJM Qureshi highlighted that the property in question was purchased long before he became a judge and that there had been no dispute over its title during the fifteen years it had been in his possession.
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CJM Qureshi expressed concern that Shyambir, along with other officials, had conspired to implicate him in a fabricated case as retaliation for the salary withholding order. The judge stated that the adverse order “didn’t go well with the Deputy Commissioner.”
The High Court’s intervention and the summoning of the Deputy Commissioner underscore the gravity of the allegations and the potential implications for judicial integrity and administrative accountability in the region. The court’s decision to take coercive measures if the Deputy Commissioner fails to appear reflects the seriousness with which it is treating the matter.
The Chief Judicial Magistrate (CJM) noted in the July 23 order that the Deputy Commissioner had directed a patwari (local authority) to investigate and demarcate land, seemingly as an attempt to harass the judge. The CJM’s order criticized this action as an effort to scandalize and undermine the judge through manipulation and fabrication.
The order further revealed that the Deputy Commissioner had planned to either frame the presiding officer in a fabricated incident or locate any property owned by the judge, if framing was not feasible.
On August 1, the CJM referred the issue to the High Court after the Deputy Commissioner failed to respond to the allegations outlined in the July 23 order. The CJM remarked that despite the seriousness of the matter, the contemnor had chosen not to appear in court.
Given the severity of the situation, the High Court has appointed Senior Advocate RA Jan as amicus curiae to assist with the case.
The matter is scheduled for the next hearing on August 5, 2024.
