SHABHAN BHAT Vs. HABIB MAGRAY

JUDGEMENT

(1.) THIS is an application for initiation of contempt proceedings against respondents No. 1 to 3 and for punishing them for contempt.

(2.) THE case of the petitioner is that in a civil suit pending in the court of City Munsiff, Srinagar, a Commissioner was appointed by the trial court on 2 -6 -1973 to make spot inspection. The said Commissioner a local lawyer, namely, Ghulam Mohi -ud -din Pandit, went on spot. He made report on 21 -6 -1973 alleging that the respondents had assaulted him, stones were pelted at him, and on others. The respondents dismantled the wall and even damaged the camera of the photographer who had accompanied the Commissioner. The Commissioner had to run away to save his life and take shelter in the house nearby. The matter was reported to the Police concerned. On arrival of the police the injured persons were sent to the Hospital and a case was registered by the police. The respondents are guilty of gross contempt for having interfered with the administration of justice and also for having interfered in the work of the Commissioner in the discharge of his duties.

(3.) A rule was issued to the respondents and to the other contemners as to why they should not be dealt with for contempt of court and punished for that. The respondents appeared and have filed their objections. In their objections the respondents have stated that there are number of suits pending between two mosques namely Masjid Hanfia and Masjid -Ahal -i -Hadis. The respondents had no knowledge about the appointment of Commissioner. Nor was that order conveyed to the respondents. Not were the summons sent to them at the time of inspection on spot by, the Commissioner. The respondents have denied that they have committed any act of violence. A regular enquiry has been filed for the alleged acts in the court of the City Magistrate Srinagar and, therefore, no proceedings by way of contempt can be initiated by this court when the petitioner had already moved the criminal court for a substantive offence and the matter is already under inquiry before the Court.