“Jammu & Kashmir High Court Orders IAS Officer to Appear for Contempt Proceedings Over Alleged Retaliation Against Judge”

Introduction: On Friday, the Jammu & Kashmir High Court directed IAS officer Shyambir, the Deputy Commissioner of Ganderbal, to appear in person for contempt proceedings. This action follows allegations that the officer sought to retaliate against a sub-judge, Fayaz Ahmad Qureshi, over a court order concerning a compensation case.

Background: The controversy began when Sub-Judge Fayaz Ahmad Qureshi issued an order in June to withhold Deputy Commissioner Shyambir’s salary due to non-compliance with a court directive. In response, Shyambir allegedly initiated an inquiry into land owned by the judge, which the sub-judge perceived as an act of retaliation.

On July 23, the sub-judge initiated a preliminary inquiry for criminal contempt against Shyambir, citing his failure to appear in court or respond to requests despite having been given multiple opportunities. The matter was subsequently referred to the Jammu & Kashmir High Court for further action.

Court Proceedings: The High Court, led by Justices Sanjeev Kumar and Atul Sreedharan, issued a notice to Shyambir requiring his appearance on Monday, August 5, 2024, at 11:00 am. The Court emphasized that any attempt to evade service of summons or failure to appear would result in coercive measures to ensure his presence.

“This is a reference made under Section 15(2) of the Contempt of Courts Act 2015 against Mr. Shyambir, Deputy Commissioner, Ganderbal. Issue notice to the contemnor, Mr. Shyambir by Humdast,” the Court stated in its order.

Additionally, the Court requested senior counsel RA Jan to assist as amicus curiae, with the Registrar Judicial to seek his consent.

Court’s Observations: The High Court’s order reflects the seriousness with which it views the alleged contempt and retaliation. The Court’s actions underscore the importance of maintaining judicial independence and ensuring compliance with court orders.

Conclusion: The High Court’s directive to IAS officer Shyambir highlights the judiciary’s commitment to addressing potential abuses of power and ensuring adherence to legal directives. The proceedings will continue to monitor how the matter unfolds and whether the officer complies with the Court’s order.

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