Srinagar: A senior additional advocate general (AAG) of J&K on Monday pledged an unconditional apology to the High Court for “presenting” the Additional Deputy Commissioner (ADC) as District Magistrate (DM) before the judge.
In the case titled Mohammad Shafi Naikoo versus District Magistrate Anantnag and others, the AAG, A R Malik, filed an affidavit which was required to be filed by him in terms of the last week’s court order.
Malik pledged an “unconditional apology” to the court.
The bench of Justice Wasim Sadiq Nargal who heard the case found that the statements made by the officers including the DC and the ADC “contrary to the affidavit filed by the learned Sr. AAG”.
On being confronted with this differing position of facts, the AAG Malik asked for an opportunity to file a better affidavit and sought unconditional apology from the court.
He requested “the aforesaid two officers may also be permitted to file an affidavit seeking an unconditional apology from the court”.
Dr Basharat Qayoom, DC Anantnag, and Mohammad Ashraf, ADC were present in person in the court as per the earlier orders.
Justice Nargal directed “let the personal affidavits be filed by A R Malik, the AAG, DC, and ADC Anantnag, within a week’s time”. The matter has been listed on the 28th of the current month for further consideration.
The court had “reprimanded” the AAG Malik for making ADC’s presence in the court as that of the DC in a case relating to eviction from a migrant property.
The matter was exposed only after a slip was passed on to the concerned stenographer disclosing the particulars of the person present in the court as Mohammad Ashraf (JKAS), ADC Anantnag.
Malik, the senior AAG, or even the ADC did not even think it proper to disclose before the court that instead of the DM, the ADC was present before the court. Rather they behaved in such a way as if the DM was present before the court, the court has said.
The AAG and the other officers had been asked to explain their position and show cause as to why action as warranted under the law be not taken against them.
Justice Nargal had observed, “the act (impersonation) on the part of the ADC is serious and grave in nature and amounts not only to misconduct but also tantamount to contempt of the court and perjury as he has deliberately and intentionally misled the court”.
He said the act on the part of the Senior AAG is also unbecoming.
In his affidavit, Malik claimed that he had in fact informed the court that the ADC is present with the record since the DC was dealing with a law and order situation in the town.
“I had made the submission twice in the court that the Additional Deputy Commissioner is present in the court on 06-02-2023 and the case may be taken up for consideration. That the Hon’ble Court called the officer and even at that time the submission was made to the Hon’ble Court that the officer is Additional Deputy Commissioner Anantnag,” the AAG said in his affidavit.
