Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Shabir Hussain Bhat (Rural ... on 7 April, 2025
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Regular
S. No. 5
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP 9/2025 in[CPSW 12/2010]
Robkar
... Petitioner/Appellant(s)
Through: Mr. Altaf Haqani, Sr. Adv. with Mr. Asif Bhat, Adv.
V/s
Shabir Hussain Bhat (Rural Development)
... Respondent(s)
Through: Mr. Mohsin Qadiri, Advocate with Bikramdeep Singh, Advocate
Mr. Shabir Hussain, Director (present in person)
CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
07-04-2025 Upon coming up of this matter today, Mr. Altaf Haqani, Sr. Advocate (amicus appointed by this court in the matter) pointed out that the respondent contemnor has inter alia tendered an unconditional apology in the supplementary affidavit filed on 02.04.2025 besides having explained his position seemingly satisfactorily. Mr. Haqani would submit that the Apex Court in case titled as "Dinabandhu Sahu v. State of Orissa" reported in (1972) 4 SCC 761 has held that sincere and repentant apology though not tendered earlier or in writing deserves acceptance, and would also submit that the consistent view of the constitutional courts qua the contempt proceedings is that it is essentially to maintain faith and confidence of the people in the judiciary, to be exercised where silence is no longer an option and contempt proceeding is necessitated to secure public respect and confidence in judicial process.
However, this court refrains from making any observations in the matter and directs the Registry to take necessary steps for listing of the matter before the appropriate Bench after taking necessary instructions/orders from the Hon'ble Chief Justice in this regard, as according to Mr. Haqani the matter is be listed before the Division Bench in terms of "The Rules to Regulate Proceedings for Contempt of the Subordinate Courts and the High Court of Jammu and Kashmir & Ladakh, 2023."
(JAVED IQBAL WANI) JUDGE Srinagar 07-04-2025 N Ahmad Nissar Ahmad Bhat I attest to the accuracy and authenticity of this document 22.04.2025 17:33