J&K&L High Court Reprimands Judicial Magistrate, Recommends Recalling Of Incumbent Judge For Undergoing Refresher Training

The bench was hearing a plea under Article 227 of the Constitution of India for seeking the indulgence of the court along with a prayer for calling of the record of two civil suits from the Court of Munsiff, Anantnag.

Perusing the record the bench of Justice Bharti observed,

"Upon going through the record of the two civil suits during the hearing of the present petition today, this Court is unable to defer the immediate indulgence even for the next date as that would have mean stretching the public ridicule of the judicial institution even after this Court has stepped into the scene in the form of entertaining of the present petition filed under article 227 of the Constitution of India"

Taking recourse of the record made available the bench had noted that Munsiff Anantnag while entertaining a civil suit had incurred gross contradictions, which was clearly reflected by the date of passage of the orders and the dates of the institution of the pending suits. The bench also recorded that their existed an order on handwritten application dated 08/02/2022 before the Munsiff Anantnag in which the Presiding Officer endorsed date of presentation to be 07/02/2022 that is pre-dating the presentation of application dated 08/02/2022. Lastly in this suit, the bench noted that the Presiding officer had directed SHO concerned to submit compliance report by next date which is 12/02/2022.

The most disturbing part that the court noted was that a second civil suit was entertained by the Munsiff which involved the same subject matter, with the same contesting parties. The bench also took note that in reference to a purported application of the petitioner in the second suit, the Munsiff, Anantnag comes to direct SHO Police Station, Mattan to proceed on spot to implement the direction of status quo in this second civil suit in letter and spirit and submit a compliance report. Thus two contradictory status quo orders in operation and both to be implemented by Police Station, Mattan, the bench wondered.

"Thus, this court finds self-conflict of two directions of the Munsiff Anantnag both addressed for SHO Police Station Mattan to carry out. It can be any body's guess as to what impression SHO Police Station Mattan must be carrying as to which status quo direction, so issued by the very same Munsiff, Anantnag to be carried into compliance and in what manner and how to restore the possession of suit shop to the respondent in the face of status quo operating in the case of the petitioner against the respondent," Justice Bharti recorded.

The bench also observed that it must have been least expected that upon the record received and after its perusal, this court would find itself embarrassed as to the mindset with which the Presiding Officer/Judge of the Court of Munsiff, Anantnag had come to pass judicial orders in the pending two counter civil suits qua same suit property between the same parties leaving the same to nothing short of public ridicule belittling the very institution of District Judiciary and the administration of Justice.

Dealing with the matter the bench also recorded that the courts comprised in the district judiciary are the first point of interface with citizens and accordingly this Court is constrained to take cognizance of the manner in which the Presiding Officer of the Court of Munsiff, Anantnag has come to act in discharge of judicial function and conduct the cases which leave the administration of justice becoming a mocking matter at the hands of the judge of the civil court itself, and which is likely to erode, and in fact must have already eroded, the respect oriented public perception viz the district level judicial institution.

Thus while the present petition is to be heard and disposed off, this court is making recommendation to the Hon'ble Chief Justice for needful appropriate direction in case the Hon'ble Chief Justice considers the recommendation fit enough to warrant a corrective action with respect to the judicial officer presently posted as Munsiff Anantnag, the bench concluded.

Case Title: Abdul Rehman Dar Vs Tariq Ahmad Wagay

Citation: 2022 LiveLaw (JKL) 109

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