Excelsior Correspondent
SRINAGAR, Aug 29: High Court is setting guidelines in order to enforce the constitutional powers as such asked bar members including Advocate General and its penal to advance their arguments and suggestions on the issue.
The Division Bench of Justice Atul Sreedharan and Justice Sanjeev Kumar opined this in a criminal reference preferred by the Chief Judicial Magistrate Ganderbal against the Deputy Commissioner Ganderbal.
The bench, accepted DC’s apology, rendered before the Chief Judicial Magistrate (CJM) Ganderbal, and purged the contempt proceedings initiated against him. The bench also expunged any observation made by the Chief Judicial Magistrate, Ganderbal, in the reference, or by the bench in the proceedings against the contemnor-DC by saying which may be detrimental to his service prospects.
DB said that the exercising of jurisdiction by the court was not an act of vindictiveness but only to enforce the Constitutional Separation of Powers and also to protect the functionalities of the Judges of the district judiciary so that they are not needlessly victimized while exercising their judicial powers, either knowingly or unknowingly by the Executive.
“However, this court is also of the opinion that what happened to the Chief Judicial Magistrate, Ganderbal is only a symbol of far ‘Deeper Malice’ and further arguments will be required from the Amicus Curiae and all such other senior members of the Bar, who are equal stakeholders in the justice delivery system, as to how the Constitutional Separation of Powers can practicably be enforced rather than being restricted to the realms of academia”, read the order.
The bench as such asked the members of the Bar also include the counsels appearing on the side of the Advocate General’s office and the Advocate General also to advance their arguments and suggestions in the instant case so that the guidelines may be set down once and for all.
It is noted that the criminal proceedings were initiated against Shyambir Singh Deputy Commissioner Ganderbal, preferred by the Chief Judicial Magistrate Ganderbal-Fayaz Ahmad Qureshi in a case wherein he (DC) had made attempt to scandalize the judicial officer by using ‘manipulation and fabrication’ against the presiding officer of the court.
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