Srinagar, Aug 13: The High Court of Jammu and Kashmir and Ladakh has set aside a contempt of court notice against Shopian’s deputy commissioner, observing that the judicial magistrate exceeded jurisdictional boundaries under the Code of Criminal Procedure.
On July 10, Shopian’s judicial magistrate ordered Deputy Commissioner Shopian Shishir Gupta to appear at the court and explain why contempt of court charges should not be framed against him.
The contempt notice was issued to Gupta by the judicial magistrate on the grounds that the officer was not forthcoming in a report regarding immovable property owned by a man, Idris Shah, facing a maintenance suit from his estranged wife.
While hearing the contempt case, Justice Rahul Bharti on August 7 said that the judicial magistrate was found to be acting in ignorance of law after first issuing a levy warrant to the IAS officer under section 421(1)(b) of the Code of Criminal Procedure, 1973, and ordering another levy warrant on July 4 to Shah, for which there was no scope provided under the Code of Criminal Procedure, 1973.
The judge said it meant that the judicial magistrate self-frustrated the earlier levy warrant issued to the Shopian deputy commissioner.
“When this court examines the matter in the light of the totality of facts and circumstances of the present case as obtained from the case file, this court is of the considered opinion that the Judicial Magistrate 1st Class, Shopian, has exceeded the jurisdictional bounds of its authority under the Code of Criminal Procedure, 1973, which renders the impugned show cause notice dated 10.07.2026 illegal. Accordingly, the same is set aside,” Justice Bharti said.
“This Court directs the Judicial Magistrate 1st Class, Shopian, to issue a fresh levy warrant addressed to the Collector, Shopian, to carry out its execution by referring to the mode of recovery of arrears of land revenue in terms of section 91 of the Jammu and Kashmir Land Revenue Act, Svt. 1996 and, in that respect, to carry out attachment and sale of the identified ownership property of the respondent No. 3 ( Idrish Shah) to realise the proceeds for the purpose of being made available at the disposal of the Judicial Magistrate 1st Class, Shopian, to be paid to the respondents No. 1 and 2,” Justice Bharti said.
Earlier, the judicial magistrate had directed Shah to pay Rs 4,30,000 as maintenance arrears to wife Ufaira Gulzar and daughter.
Since Shah had failed to pay the amount, the magistrate had sought information about Shah’s property.
