SRINAGAR, July 26: The High Court today issued contempt proceedings against Additional Director General of Police CID Kashmir and Passport Officer Srinagar for violating court orders with regard to denial of passport to a minor.
Dealing with a contempt petition, filed by one Aisha Mushtaq through her mother, Justice Ali Mohammad Magrey directed for framing of rule against Additional Director General of Police, CID/CIK, Kashmir, Abdul Gani Mir and Passport Officer, Srinagar, Bipin Kumar, for violating Court orders by not issuing passport to a minor girl despite the High Court directions.
Court held that prima facie both the officials have been found violating Court orders and therefore there is no other option but to issue rule against them.
Justice Magrey directed Registrar Judicial to issue rule against the Mir and Kumar to answer as to why they shouldn’t be punished for committing contempt of Court. “After issuance of the rule, the respondents shall file their reply to the show cause notice within a period of four weeks,” read the order.
The Court after perusal of the fresh report said it revealed that ADG CID has got influenced by the conduct of the mother of the petitioner and her other relatives thereby ignoring the mandate of the Judgment passed by this Court on 29 December, 2017. The Passport Officer, the Court added, has also not applied his mind and has totally relied on the opinion of the ADGP.
It was on June 6, the Court had directed the ADGP to submit the compliance of judgment dated December 29, 2017 by implementing the same in its letter and spirit on or before next date.
Today when the matter came up for hearing, neither any compliance was filed with regard to implementation of main judgment nor the said judgment has been challenged by the authorities which suggests that they have committed contempt of Court and prompting the Court for coercive measures against the contemnors – ADGP and Passport Officer.
Meanwhile, Court pointed out that there is no allegation of disobedience against Raj Kumar Goyal, Principal Secretary to Government and as such he has not violated Court orders. He has been unnecessarily arrayed as party respondent, which needs to be deleted. “Registry is directed to update the cause title of the contempt petition,” the court ordered.