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2025 DAILYLAW 8317 (JK)

ROBKAR v. REGISTRAR, SKUAST, KASHMIR

CCP/13/2024 · 2025-08-12

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 4 Reg. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP 13/2024 in [WP(C) 3881/2019] c/w CCP(S) 488/2021 ROBKAR … Petitioner(s) Through: Mr. M. A Wani, Advocate Vs. REGISTRAR SKUAST KASHMIR ...Respondent(s) Through: Mr. M.Y. Bhat, Sr. Advocate with Ms. Urba Advocate CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 12.08.2025 1. Contemnor Professor Gul Zaffar, Ex-Registrr, SKUAST is present in person before this Court in compliance to the order passed earlier by this Court. 2. Record reveals that in terms of order dated 05.06.2024, this Court while considering the matter being WP(C) No. 2578/2019, WP(C) No. 3881/2019 and in particular CCP(S) No. 488/2021 noticed that the contemnor herein had made his own interpretation qua an order passed by this Court on 31.12.2019 in WP(C) 3881/2019, whereby the Court had directed that the present position of the petitioner therein shall not be disturbed and taking cognizance of the said un-called interpretation qua the said Court order by the contemnor herein made in the statement of facts filed to the CCP(S) No.4881/2021,directed framing of Robkar against the contemnor herein after being prima facie satisfied that the contemnor herein has committed contempt of this Court by making uncalled interpretation of the Court order calling upon the contemnor to explain as to why he be not punished for having committed contempt of the Court. 3. On 14.10.2024 the contemnor has filed response to the show cause notice and a copy thereof provided to the counsel for the other- side and the matter came to be directed to be listed again on 27th December 2024 with a direction to the Contemnor to remain present on the next date of hearing. 4. Today, when the matter was taken up for consideration, the counsel for the contemnor in the first instance invited the attention of this Court to the said response and referred to an un-conditional apology expressed therein by the contemnor for the act and would pray for dropping of the proceedings in view of the fact that the contemnor had retired from service and has always been a law abiding citizen. 5. It is signification to mention here that though contempt jurisdiction is inherent power of the Apex Court and High Court in order to inspire confidence, sanctity and efficacy of judiciary, yet this Court is not oblivious of the fact that the said power and jurisdiction has to be exercised with meticulous care and cautioun and only under absolutely compelling circumstances. 6. It is also significant to mention here that the Government, Semi- Government, Public Undertaking Corporations, Autonomous Bodies etc. etc. as well as the officers working therein are required to comply the court orders with utmost vigilance and though it came to be noticed by the Court earlier that the contemnor has without any power and competence, interpreted the aforesaid Court order, yet this Court cannot overlook the remorse, manifest on the face of the contemnor as also the un-conditional apology expressly provided in the response filed to the show cause notice by the respondent/contemnor, which apology seems to be not a calculated strategy to avoid punishment for the act committed by the contemnor. 7. Thus, having regard to the aforesaid position obtaining in the matter and without compromising the honour and dignity of the Court, this Court in the interest of justice deems it appropriate to drop and close the proceedings in Robkar against the contemnor. 8. Ordered accordingly. (JAVED IQBAL WANI) JUDGE SRINAGAR: 12 .08.2025 “S.Nuzhat”