The J&K High Court on Wednesday (September 4, 2024) took notice of the report published by The Hindu titled “NIA cases listed before J&K HC Bench led by Atul Sreedharan shifted” and described it as “false, malicious and contemptuous as same amounts to interference in the administration of justice”.
“The Court is also disturbed by the incorrect factual aspect given in the social media post and also in the newspaper that one of us (Atul Sreedharan-J) had gone on leave on account of the change in roster which is patently untrue as the said Judge had taken a casual leave on 02.09.2024 on account of medical reasons,” the Division Bench, comprising Justice Atul Sreedharan and Justice Mohammad Yousuf Wani, observed in the order.
The Bench said this “misrepresentation not only misleads the public but also damages trust in the Judiciary... gives an impression that the said Judge went on a protest leave against a change in roster. This also gives an impression that the said Judge is interested in getting certain cases of a particular type listed before him and decided”.
The Court said that the Registrar General’s note further said that the Honourable Chief Justice has from time to time constituted special Benches for prioritising olds cases, detention and liberty matters. “The roster was also modified as per previous practice, whereby inter alia the subject matters relating to NIA cases for Admission, Orders and Hearing and all Habeas Corpus petitions for Admission, Orders and Hearing were retained by Hon`ble Chief Justice (Acting)...,” it added.
The Court said that at no point of time, NIA petitions were heard by any Special Bench and “for the first time in order to expedite these matters, the NIA matters were considered as separate as same being a matter of liberty and concern for the security of the Country and in view of the sensitivity involved in these matters”.
The Court has asked the Registrar Judicial “to place this matter before Hon’ble the Chief Justice (Acting) to consider whether this matter should be placed before an appropriate Bench for initiation of criminal contempt against the publishers”.
The matter will come up before a Division Bench on Thursday.
Published - September 04, 2024 04:07 pm IST
