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Court Finds SHO Guilty of Contempt for ‘Willfully’ Defying Injunction Order, Directs SSP to Attach Salary and Bank Account of Officer

The Typewriter by The Typewriter
November 28, 2024
in Exclusive, J&K, News
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Court Finds SHO Guilty of Contempt for ‘Willfully’ Defying Injunction Order, Directs SSP to Attach Salary and Bank Account of Officer
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“Judicial orders are sacrosanct and any violation undermines public confidence in the judiciary and the rule of law,”

K Koushal

In a landmark ruling, the Sub-Registrar Court of Jammu held Sham Lal, Station House Officer (SHO) of Kanachak Police Station, guilty of contempt for ‘willfully’ disobeying an interim injunction order.

As per the documents, the case, listed under CNR No. JKJM02086792022, stemmed from a civil suit filed by four brothers—Pawan Kumar, Ranjeet Kumar, Ashok Kumar, and Sikander Kumar—seeking protection of their 19 Kanals 19 Marlas of land in Raipur Domana from unauthorized interference.

“On March 9, 2022, the court had directed all parties to maintain the status quo regarding the disputed property,” reads the order, adding “Despite this order, the applicants alleged that unauthorized construction began on November 7, 2024.”

Multiple complaints to SHO Sham Lal regarding the violation were allegedly ignored, prompting the applicants to file a contempt petition.

The applicants submitted video evidence documenting ongoing construction activities between November 7 and 19, 2024. 

They also produced a written acknowledgment showing that Sham Lal had received the injunction order.

“Despite being served with notices, Sham Lal failed to provide a satisfactory explanation or appear before the court on subsequent hearing dates,” onserved the court, adding that report of Sham Lal, filed on November 11, was deemed ambiguous and lacked substance.

The court found Sham Lal’s actions to be a deliberate defiance of its orders. 

“Judicial orders are sacrosanct and any violation undermines public confidence in the judiciary and the rule of law,” observed the court.

The court further directed the attachment of Sham Lal’s movable and immovable properties.  

“Senior Superintendent of Police (SSP), Jammu, must attach Sham Lal’s salary and bank accounts until further notice, ” ordered court, mandating the SSP to immediately halt unauthorized construction at the disputed site and file a compliance report within three days.  

The court further called for a detailed inquiry into Sham Lal’s conduct, to be submitted through the Inspector General of Police.  

“Continued non-compliance would lead to severe penalties, including imprisonment,” court warned and issued a summons for Sham Lal to appear in person on November 26, 2024.

Snapshot of court judgement

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