Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Abdul Gani Bhat on 27 October, 2021
Bench: Chief Justice, Vinod Chatterji Koul
S. No. 25
Regular List
IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
AT SRINAGAR
CJ Court
Case: Robkar no. 1/2019
Robkar ....petitioner(s)
Through: None.
v/s
Abdul Gani Bhat ...respondent(s)
Through: None.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
27.10.2021
1. On account of the misbehavior and the utterings of the respondent Prof. Abdul Gani Bhat before the Court on 17.12.2008 during the course of hearing of CRMC no. 489/2018, Prof. Abdul Gani Bhat v. Mobile Magistrate (PT&E), Srinagar, proceedings for contempt were drawn and notices were directed to be issued against the respondent for scandalizing and lowering the dignity of the Court and interfering with the due course of judicial proceedings and for causing obstruction in the administration of justice.
2. In pursuance to the aforesaid notice, the respondent has filed a document captioned 'reply to your show cause notice dated 25.1.2019 about contempt committed by me.' However, instead of showing any cause in the YASMEEN RASHID 2021.10.28 10:00 I attest to the accuracy and integrity of this document 2 reply, the respondent sought copies of certain documents. The documents so demanded by the respondent were said to be all in public domain and, as such, the request was declined holding that it was simply dilatory tactics adopted by him. The Court, however, in the interest of justice, granted him one more opportunity to show cause why proceedings for contempt may not be drawn against him failing which it shall be presumed that he has nothing to say in response.
3. The respondent on 13.05.2019 appeared and submitted that he has filed an application seeking leave to place some documents on record. Since applicant was not available, the matter was directed to be listed on future date.
4. The respondent again appeared in person on 27.11.2019 and thereafter, he has chosen not to appear. Accordingly, Registrar Judicial of the Court was directed to ensure his presence by issuing bailable warrants of arrest in terms of Section 76 of the J&K Code of Criminal Procedure, Svt., 1989 which were directed to be executed by the Inspector General of Police, Kashmir.
5. The respondent, thereafter, appeared through Virtual Mode from Mysore on 02.02.2021. The Court on the said date directed the Registrar Judicial to place on record the list of all cases filed by the respondent with up-to-date status and the matter was fixed for 06.04.2021.
6. The Registrar Judicial has submitted a list of all pending cases filed by the respondent. According to the said list, as many as 137 cases have been filed by the respondent in which 120 cases have been disposed of and 17 cases are pending consideration before this Court.
7. YASMEEN RASHID 2021.10.28 10:00 The respondent has not appeared before this Court today. I attest to the accuracy and integrity of this document 3
8. In view of the above and in the interest of justice, we direct this petition to be listed again on 03.12.2021 on which date the respondent would remain present in person physically.
Registry is directed to send an intimation in this regard to the respondent immediately within three days.
On the next date of listing, presence of learned Advocate General is also required for the assistance of the Court.
(VINOD CHATTERJI KOUL) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Srinagar
27.10.2021
YASMEEN, PS
YASMEEN RASHID
2021.10.28 10:00
I attest to the accuracy and
integrity of this document