J&K HC Reprimands AAG For Misleading Bench, Seeking Affidavit Explaining his ‘Unbecoming’ Conduct

The Jammu and Kashmir and Ladakh High Court in the case Mohammad Shafi Naikoo (Senior Citizen) v. District Magistrate Anantnag and other observed and has reprimanded Senior Additional Advocate General AR Malik for misleading the court by presenting the Additional District Commissioner as District Commissioner Anantnag. The court summoned the latter in a plea challenging the eviction order passed by him against the petitioner.
The court on 31.12.2022., while granting the District Magistrate, Anantnag last and final opportunity of four weeks for filing of reply, the court had ordered him to remain present before the court in case of any default.
Sr. AAG appeared before the court on 4th February and has submitted that due to the law and order problem, the District Magistrate could not appear before the Court and it has been assured the court that the District Magistrate will remain present before the court along with the relevant record on the next date of hearing.
The Sr AAG produced ADC Anantnag, Mohammad Ashraf on 6th February in such a manner making the court to believe that as if the DC Anantnag and is making his presence before the court. The said court came to know about this only after hearing of the case was over.
The bench headed by Justice Wasim Sadiq Nargal in the case observed and took a serious note of such conduct on part of the Senior AAG and directed him to file his personal affidavit by Monday wherein explaining as to why he had not brought to the notice of the Court that instead of District Magistrate, Anantnag, the Additional Deputy Commissioner, Anantnag, is appearing.
The court also stated that the Advocate also plays an important role in the justice delivery system but the act on the part of the Sr AAG is “unbecoming”.
Therefore, the court stated while lamenting the casual course adopted by the District Commissioner that he despite of the order the court has evaded his appearance before the court and no plausible reason has either been pleaded or been brought to the notice of the Court for his nonappearance and, as such, the conduct of the officer of such rank is unbecoming and being contemptuous in nature.
The court concluded that the District Magistrate and the Additional Deputy Commissioner, Anantnag (Mohammad Ashraf), are directed to remain present before the court on 13.02..2023, for explaining their position and to show cause as to why action cannot be taken against them as warranted under law.