Jhajjar: Facing contempt proceedings, IPS officer apologises to High Court

Tribune News Service

Saurabh Malik

Chandigarh, November 25

Less than a month after the Jhajjar Superintendent of Police was asked to show cause why proceedings under the Contempt of Court Act should not be initiated for non-compliance of an earlier order, the officer has tendered unconditional apology and assured the Punjab and Haryana High Court not to repeat “such an act in future”.

Court’s observation

An officer of the rank of IPS is not expected to ignore the court directions in any eventuality. — Justice Sandeep Moudgil

Exempting him from personal appearance after taking into consideration his apology and undertaking, Justice Sandeep Moudgil made it clear that an officer of IPS rank was not expected to disregard the court directions in any circumstances.

As the case came up for resumed hearing, Jhajjar Superintendent of Police and IPS officer Waseem Akram, present in the court, gave reasons for his non-appearance in an affidavit. Taking up the matter, Justice Moudgil observed the officer submitted that his absence was neither intentional, nor deliberate.

The officer pleaded that he could not appear on November 2 to assist the court following miscommunication from the Haryana Advocate-General’s office, adding that such an error would not be repeated in future. “Be that as it may, the officer of the rank of IPS is not expected to ignore the court directions in any eventuality,” Justice Moudgil added.

The Bench had earlier observed that non-compliance on the officer’s part appeared to be an intentional and deliberate act. The state counsel had not been provided with a reply’s copy submitted directly to the court, making it hard for him to assist the Bench.

The state counsel, on an earlier occasion, had sought time to address the Bench as he was not having the copy of the reply dated September 15 filed in the form of an affidavit by DSP Naresh Kumar on behalf of the state and other respondents.

Justice Moudgil had subsequently observed that the situation was the same, with the state counsel expressing helplessness. Despite giving due information to official concerned, the reply’s copy filed in the court had still not been supplied to the Advocate-General’s office. Justice Moudgil had then directed the officer to explain how the reply was filed in the court and why proper assistance had not been provided to the law officer. He was, for the purpose, directed to remain present. But, the order was not complied with.

“The Superintendent of Police, Jhajjar, is called upon to show cause as to why the proceedings under the Contempt of Court Act should not be initiated against him for non-compliance of the September 30 order, passed by this court, which seems to be an intentional and deliberate act to derail the furtherance of justice and create hindrance in the judicial process,” Justice Moudgil had asserted.

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