Excelsior Correspondent
JAMMU, Nov 24: High Court has closed the contempt petition against Jagdish Raj, Chief Town Planner Jammu Development Authority as the officer has tendered unconditional apology.
“The unconditional apology tendered by the officer through Advocate Aseem Sawhney seems to be bonafide and as he has shown remorse and repentance of his acts, the same is accepted by this court and the proceedings which have been initiated in the present petition, as such, are closed”, Justice Wasim Sadiq Nargal said.
High Court further observed, “undoubtedly, the apology cannot be a defense of justification or an appropriate punishment for an act which tantamount to contempt of court. The apology can be accepted in a case where the conduct for such an apology given is such that it cannot be ignored without compromising the dignity of the court”.
Time and again, courts have held that apology cannot be accepted in case it is hollow; there is no remorse, no regret, no repentance, or if it is only a device to escape the rigor of the law. Such an apology can merely be termed as a “paper apology”. So, an apology should not be “paper apology” and expression of sorrow should come from the heart and not from the pen, High Court said, adding “the power to punish for contempt is a rare species of judicial power which by the very nature calls for exercise with great care and caution”.
“Being an officer of the Jammu Development Authority, it was his duty not to make a false statement before the court regarding the tearing-off of the original plan, which upon examination, was found to be intact and not teared-off”, Justice Nargal said.
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