Jammu And Kashmir High Court Initiates Contempt Proceedings Against Ganderbal Deputy Commissioner

The Jammu and Kashmir High Court has initiated criminal contempt proceedings against Ganderbal Deputy Commissioner Shyambir Singh following allegations of harassment and non-compliance with court orders. The court issued the summon on August 5 in response to CJM Ganderbal Fayaz Ahmad Qureshi’s allegations that Singh is seeking to frame him in a falsified case as revenge for an adverse order given 18 months prior.

A division bench of judges Atul Sreedharan and Sanjeev Kumar of the High Court had initiated to summon Singh. The bench gave him a warning of facing harsh penalties if he fails to attend the hearing. The graveness of the issue was emphasized, stating, “The contemnor shall appear in person before this Court on August 5 at 11 am sharp. 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 claims made against Singh, a 2018 batch IAS officer and the son-in-law of former civil minister and BJP leader Prahlad Singh Patel, arise from a land acquisition case in which certain landowners contended the government didn’t compensate them. In January, Chief Judicial Magistrate( CJM) Fayaz Ahmad Qureshi ordered the payment of compensation to the landowners. By June, this order hadn’t been complied with, urging the court to withhold the salaries of the district officers responsible, including Singh’s.

Singh allegedly launched a disquisition into CJM Qureshi’s property as an act of retaliation. The CJM’s July 23 order stated that the property had been in his possession for fifteen years and was bought by Qureshi before he was appointed judge.

The CJM expressed concerns that the investigation was a form of harassment and an attempt to defame him following the adverse order. The CJM had indicted Singh of abusing his sanctioned position, “ The contemnor Shyambir Singh misused his official machinery and devoted time in tracing out the documents of a property that the judge lawfully holds. ”, he stated.

The July 23 order also stated that Singh, along with other officers, conspired to involve the sub-judge in a fabricated case, resorting to measures similar as land demarcation by a local patwari( authority). According to court statements, Singh reportedly formed a committee led by Assistant Commissioner Revenue( Ganderbal) M Altaf Bhat to demarcate the judge’s land. The CJM’s decision on July 23 instructed Bhat to submit necessary records, but when the case was heard on July 29, the state counsel requested more time, citing Bhat’s absence due to government training.

The court found this justification inconceivable, assuming that the record was either made or forged, raising further suspicions of purposeful non-compliance in order to scandalize and demean the sub-judge.

After Singh failed to respond to the allegations outlined in the CJM’s July 23 order, the case was referred to the High Court on August 1 under Section 15( 2) of the Contempt of Courts Act, 1971. The CJM noted that, despite being given several chances, Singh failed to appear before the court or give explanation for his conduct, accordingly, prompting the High Court’s participation.

Senior Advocate RA Jan has been appointed as amicus curiae to help the High Court in the matter. Singh has been tagged as a “constant potential threat” by the court and has suggested the chief secretary of Jammu and Kashmir to take administrative action under the Government Conduct Rules, 1971. The case will be heard on August 5, 2024, with significant allegations for all parties involved.