Excise Commissioner Guilty of Contempt

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Jammu: A local court here on Monday held Jammu and Kashmir Excise Commissioner Rajesh Kumar Shavan guilty for contempt of Court.

Second Additional District Judge Virender Singh Bhou on Monday held Shavan guilty for disobeying the court order, observing that the defense set up by him is sham and frivolous.

The judge after hearing the advocate observed that defence set up by the contemnor is thus rejected as being frivolous in the ultimate analysis, and the direction therein and as such, he is held guilty of disobedience by non-compliance of the court order and meaning to undermine the very authority of a court of law, in terms of order 39 Rule 2-A CPC.

Five petitioners, namely Suman Rohemetra, Kewal Krishan Gupta, Shiv Kumar Sharma ,Anita Sharma , and Rimjhim Sharma who are license holders for sale of liquor in Jammu had filed a civil suit in the court against the commissioner for not obeying a court order over the issuance of show-cause notice to the petitioners

The commissioner had served a show-cause notice to them on 5 June 2020 for illegally transferring their licenses outsold the family or heirs, compelling them to move court

The petitioners had submitted that the commissioner or his deputy has no jurisdiction to serve the show cause notices and sought interim relief from the court. The court put the notices in abeyance and directed the status quo.

However, the petitioners submitted that despite the abeyance orders, the excise officials were not granting them Travel Permission for liquor which resulted in the loss of their livelihood.

This Court is left with no other option except to subject the contemnor/defiant to suffer civil imprisonment and accordingly, it is, ordered that the contemnor is guilty of acting in disobedience of the court order for which he shall suffer civil imprisonment.

The Court however, directed the contemnor to surrender himself before the Court on October 14, failing which he shall render himself liable to be arrested by warrants of arrest for his attendance and appearance before the Court for follow up order to commit him to civil imprisonment.

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