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Supreme Court - Daily Orders

State Of Jammu And Kashmir vs Tarsem Kumar Arora on 13 April, 2017

Bench: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar

                                                       REVISED
     ITEM NO.1                                     COURT NO.2                SECTION XVIA

                    S U P R E M E C O U R T O F I N D I A
                            RECORD OF PROCEEDINGS
     Petition(s) for Special Leave to Appeal (C) No(s). 5304/2017
     (Arising out of impugned final judgment and order dated 29/12/2016
     in LPA No.20/2016 passed by the High Court of J & K at Jammu)

     STATE OF JAMMU AND KASHMIR AND ORS                                      Petitioner(s)

                                                         VERSUS

     TARSEM KUMAR ARORA AND ORS                         Respondent(s)
     (with appln. (s) for permission to file SLP and interim relief and
     office report)

     Date : 13/04/2017 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE DIPAK MISRA
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

     For Petitioner(s)
                                          Mr.     Neeraj Kishan Kaul, ASG
                                          Mr.     Shoeb Alam, Adv.
                                          Ms.     Fauzia Shakil, Adv.
                                          Mr.     Ujjwal Singh, Adv.
                                          Mr.     G.M. Kawoosa, Adv.
                                          Mr.     Mojahid Karim Khan, Adv.

     For Respondent(s)
                                          Mr.     Bharat Sangal, Adv.
     (For R.No.5)                         Ms.     Verika Tomar, Adv.
                                          Ms.     Vidushi Garg, Adv.
                                          Ms.     Anindita Deka, Adv.

                                          Mr. T.S. Doabia, Sr.Adv.
                                          Ms. Kiran Bhardwaj, Adv.

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Heard Mr.N.K.Kaul, learned Additional Solicitor General for the State of Jammu & Kashmir, Mr.Bharat Sangal along with Ms.Vernima Tomar, learned counsel for respondent No.5-High Court of Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date: 2017.07.05 Jammu & Kashmir and Mr.T.S.Doabia, learned senior counsel along 13:04:33 IST Reason:

with Ms.Kiran Bhardwaj for respondent No.2.
-2-
Permission to file SLP is granted.
Having heard learned counsel for the parties, we are only inclined to direct that the High Court shall proceed with the proceedings qua persons and the officials who are facing contempt. That apart while dealing with the aforesaid contempt proceedings, the High Court shall be at liberty to deal with the directions contained in the principal order. Needless to say that all the contentions raised by the contemnors in the High Court shall be considered in accordance with the law. The personal presence of the contemnors shall not be insisted upon. The special leave petition stands disposed of accordingly.
        (Ashok Raj Singh)                  (H.S.Parasher)
          Court Master                       Court Master