HC stays trial court’s order against R.K. Shavan Excise Commissioner

JAMMU: Hearing MA No.16/2020 filed before the J&K High Court on behalf of Rajesh Kumar Shavan (Jammu and Kashmir Excise Commissioner), who was held guilty for contempt of Court by the Second Additional District Judge Virender Singh Bhou on Monday, Justice Tashi Rabstan today stayed the impugned order dated 12.10.2020 subject to filing of objections, if any, or before the next date of hearing. Chavan was represented through Video Conferencing by Sr Advocate Sunil Sethi besides Advocates S.M Choudhary, Navyug Sethi and Parimoksh Seth.
Justice Tashi Rabstan observed, “For the reasons stated in the application, it is allowed and the time is extended to deposit requisite court fee, attestation of affidavits etc., at this stage. The deficiency be made good before the Registry immediately after the restrictions of lockdown period are over. Sr. Advocate Sethi, learned senior counsel appearing for the appellant undertakes that the appellant shall issue transport permission in favour of the respondents forthwith. Let compliance report to this extent be filed by or before the next date of hearing.”
It is pertinent to mention here that the Second Additional District Judge of the Trial Court had observed that defence set up by the contemnor is rejected as being frivolous in the ultimate analysis, and the direction therein and as such, he is held guilty of disobedience by non compliance of the court order and meaning to undermine the very authority of a court of law, in terms of order 39 Rule 2-A CPC.
This Court is left with no other option except to subject the contemnor/defiant to suffer civil imprisonment and accordingly, it is, ordered that the contemnor is guilty of acting in disobedience of the court order for which he shall suffer civil imprisonment.
The Court however, had directed the contemnor to surrender himself before the Court on October 14, failing which he shall render himself liable to be arrested by warrants of arrest for his attendance and appearance before the Court for follow up order to commit him to civil imprisonment.