STATE TIMES NEWS
JAMMU: Division Bench of the State High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Alok Aradhe expressed its displeasure over the non-implementation of the directions passed by the Division Bench on 27th May 2016 read with the approval granted by the State Government on 17th October 2016 to the handing over of the entire old Deputy Commissioner Office Complex Kishtwar to the Judiciary as per the commitment made by the then Chief Minister to the deputation of Bar Association Kishtwar on 27th December 2011.
The Division Bench headed by Chief Justice N. Paul Vasanthakumar in the open court rejected the contentions raised by Divisional Commissioner Jammu Dr. Pawan Kotwal and Deputy Commissioner Kishtwar G.N Balwan as the Divisional Commissioner Jammu who was present in person along with DC Kishtwar submitted that there are seven offices still working in the old Deputy Commissioner Office Complex Kishtwar and only District Level Offices including the office of the DC Kishtwar has moved to the Mini Secretariat Kishtwar. The Division Bench however did not agree with the submissions of the Divisional Commissioner Jammu and the Chief Justice remarked in the open court that there is nothing in the order dated 27th May 2016 with regard to the retention of the seven offices in the old Deputy Commissioner Office Complex Kishtwar. After hearing Advocate Sheikh Shakeel Ahmed with Advocate I.A Hamal President Bar Association Kishtwar appearing for the petitioner whereas Senior AAG Seema Khajooria Shekhar appearing for Divisional Commissioner Jammu and Deputy Commissioner Kishtwar, the Division Bench directed both Divisional Commissioner Jammu and Deputy Commissioner Kishtwar who were present in the court to report compliance of the directions of the Division Bench passed on 27th May 2016 and also directed both the officers to remain present on the next date of hearing viz 7th March 2017 along with compliance report.
Advocate S.S. Ahmed appearing for Bar Association Kishtwar submitted that despite the approval of the State Government dated October 17, 2016 the Deputy Commissioner Kishtwar issued a contemptuous communication on 25th October 2016 whereby the said officer reported to the Divisional Commissioner Jammu that the implementation of the judgment may lead to communal tension and will consequently breed the law and order situation in Kishtwar.
Advocate Ahmed further submitted that the Deputy Commissioner Kishtwar has committed the contempt of the Division Bench of this court and the communication was issued due to local political pressure exerted at the behest of the MoS Revenue who happens to be the local MLA. He further submitted that orders of the Division Bench cannot be allowed to be flouted on political considerations.
Advocate Ahmed further submitted that the Divisional Commissioner Jammu has altogether carved out a new case today to defeat the intent and spirit of the detailed order passed by the Division Bench on 27th May, 2016 followed by the approval granted by the competent authority on 17th October, 2016. He further submitted that the instant case is a fit one to issue rule against the senior officers present in the court as they have intentionally and willfully shown disobedience to the directions of the Court.
