SRINAGAR: The Jammu and Kashmir and Ladakh High Court has quashed a contempt notice issued against Shopian Deputy Commissioner Shishir Gupta, holding that the judicial magistrate had exceeded the limits of his authority while seeking action against the IAS officer.
Justice Rahul Bharti, while hearing the matter on August 7, found that the Judicial Magistrate 1st Class, Shopian, had adopted a procedure not supported by the provisions of the Code of Criminal Procedure, 1973.
The magistrate had on July 10 directed Gupta to appear before the court and explain why contempt proceedings should not be initiated against him.
The proceedings stemmed from a maintenance case involving Idris Shah, who was directed to pay Rs 4.30 lakh in arrears to his estranged wife Ufaira Gulzar and their daughter.
As Shah failed to clear the dues, the magistrate sought details of his immovable property and had issued a levy warrant to the Shopian deputy commissioner under Section 421(1)(b) of the CrPC.
The magistrate subsequently issued another levy warrant against Shah on July 4, prompting the High Court to examine the manner in which the recovery proceedings were being conducted.
Justice Bharti observed that the magistrate’s actions had effectively frustrated the earlier levy warrant issued to the deputy commissioner and amounted to an exercise beyond the jurisdiction available under the law.
The court consequently declared the July 10 show-cause notice against Gupta illegal and set it aside.
At the same time, the High Court directed the magistrate to proceed with recovery of the maintenance arrears through the legally prescribed mechanism.
It ordered that a fresh levy warrant be issued to the Collector, Shopian, for execution under Section 91 of the Jammu and Kashmir Land Revenue Act, Samvat 1996.
The Collector has been directed to facilitate attachment and sale of Shah’s identified property and ensure that the proceeds are placed at the disposal of the magistrate for payment to the wife and daughter.
The court’s order thus cleared the deputy commissioner of the contempt proceedings while allowing the recovery process against Shah to continue through the prescribed legal route.
