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DB directs personal appearance of Div Com Jammu, DC Kishtwar

Kashmir Times. Dated: 2/22/2017 3:06:54 PM

JAMMU, Feb 21(JNF): Division Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe directed the personal appearance of Dr Pawan Kotwal Divisional Commissioner Jammu and Ghulam Nabi Balwan Deputy Commissioner Kishtwar for Monday i.e. February, 27, 2017 for non-compliance of the directions passed by the Division Bench on May 27, 2016 whereby the Division Bench had directed the shifting of the Courts at Kishtwar in the old Deputy Commissioner Complex Kishtwar.
The Division Bench had also directed for the issuance of the appropriate orders by the competent authority for transferring of the old DC Complex to the Judiciary in consultation with the Registrar General of the High Court of J&K.
These court directions were passed in a contempt petition filed by Bar Association Kishtwar through its president I A Hamal seeking initiation of contempt of court proceedings against the Divisional Commissioner, Jammu and Deputy Commissioner Kishtwar for not implementing the directions of the Division Bench despite the approval granted to the shifting of the courts by the competent authority on October, 17, 2016.
After hearing advocate Sheikh Shakeel Ahmed with advocate Irfaan Mohammed Khan and advocate I A Hamal president Bar Association Kishtwar and senior AAG Seema Khajooria Shekhar, the Division Bench headed by Chief Justice N.Paul Vasanthakumar in the open court expressed displeasure over the non-compliance of the directions passed by the Division Bench way back on May, 27, 2016.
Advocate S.S. Ahmed appearing for Kishtwar Bar Association drew the attention of the Division Bench towards the order passed on December, 28, 2016 by the Division Bench whereby the Advocate General had been apprised about the seriousness of the matter. Advocate Ahmed further submitted that the Advocate General had made the statement that he would take appropriate steps to ensure that the order of this Court dated May, 27, 2016 was complied and the Division Bench on the statement of Advocate General had adjourned the matter for February, 13, 2017.
Advocate Ahmed argued that neither the directions of the Division Bench had been complied nor any compliance report had been filed by the Divisional Commissioner Jammu and Deputy Commissioner Kishtwar. Advocate Ahmed drew the attention of the Court to a communication No.ARA/K/2016/53 dated October, 25, 2016 written by Deputy Commissioner Kishtwar to the Divisional Commissioner Jammu wherein in para 4 the Deputy Commissioner Kishtwar expressed his helplessness in the implementation of the directions of the Division Bench and stated that the people of the Tehsil were bent upon to resist the shifting of the strategic location of the tehsil complex and being a sensitive area this might lead to communal tension and would consequently breed the law and order situation in the area.
Advocate Ahmed further submitted that this communication dated October, 25, 2016 issued by the Deputy Commissioner Kishtwar was in flagrant violation of the directions of the Division Bench dated May, 27, 2016 and how could the said communication been issued when the competent authority conveyed its approval to the shifting of the courts to the old Deputy Commissioner Complex, Kishtwar on October, 17, 2016 and for this contemptuous communication the rule was required to be framed against the Deputy Commissioner Kishtwar.
After considering the submissions of advocate Ahmed the Division Bench comprising Chief Justice N.Paul Vasanthakumar and Justice Alok Aradhe directed the personal appearance of Dr Pawan Kotwal Divisional Commissioner Jammu and Ghulam Nabi Balwan Deputy Commissioner Kishtwar for Monday i.e. February, 27, 2017.