HC directs SSP to arrest AD
SRINAGAR, Nov 27: The High Court today issued arrest warrant against Assistant Director Food, Civil Supplies & Consumer Affairs (FCS&CA) department for defying the Court orders and directed the Senior Superintendent of Police Kupwara to arrest the official and present him before the Court tomorrow.
Court had directed that the Kerosene Oil license granted in favour of Javid Ahmad War son of Ghulam Ahmad War resident of Bohipora, Kupwara, shall remain in force for one month only and thereafter as Court directed the license of the kerosene oil dealer would continue to be non-operational.
However Court has been informed that despite the Court directions, Assistant Director, FCS&CA department, Kupwara has been allocating kerosene oil to him in violation of Court orders.
Justice Ali Mohammad Magrey directed theregistry to issue Rule and frame Robkar against the officer namely, Mushtaq Ahmad, Assistant Director, FCS&CA department, Kupwara.
“Registry shall issue non-bailable warrant of arrest against the said officer to be executed by SSP, Kupwara, who shall get him arrested and produce before the Court on 29.11.2017 at 2 PM,” Justice Magrey directed.
“A serious violation of Court orders is thus alleged to be manifest. Despite notice respondent No. 3 has chosen not to submit the compliance of Court orders. On 30.08.2017, last and final opportunity of two weeks was granted to respondents to file statement of facts, failing which Assistant Director, FCS&CA department, Kupwara was directed to appear in person”, court said.
Despite direction neither statement of facts was filed, nor the Assistant Director, FCS&CA department, Kupwara appeared, therefore, which left no option with the Court but to seek appearance of the official by adhering to coercive method.
Justice Magrey said that conduct of the officer is aggressive that is why he has said no to Court orders. “Court is in the process of examining, as to why the Court orders are not being implemented and finally on following procedure and after giving opportunity of hearing to the other side has to frame an opinion with reference to punishing them for violation of Court orders or for dropping the proceedings but the conduct of the officer appears to be aggressive, therefore, has strength to say no to the Court orders even when asked to appear”, read the order.
“The statement of learned Additional Advocate General, that the officer has, despite communication of the Court order not responded, amounted to violation of order, therefore, prima facie one more contempt is made out”, Court said.
“Registry to send copy of the order to SSP, Kupwara, along with arrest warrant today itself, copy whereof shall also be furnished to Asif Ahmad Bhat, learned AAG for compliance”, Court order read.