Arrest Warrant Upheld: No Contempt Found, Authority Directed to Review Recall Application Within One Week

HC found no prima facie contempt as arrest warrant was issued before court order was presented. The petitioner's challenge to the warrant was acknowledged, with the court directing the Authority to decide on the warrant recall application within one week of receiving the order copy.

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Issues involved: Alleged inaction by the Authority leading to contempt of court order

The judgment deals with a contempt petition filed by the petitioner, alleging inaction on the part of the Authority, which the petitioner claims did not act in accordance with the law. The petitioner was granted liberty by the Court to appear before the Special Tehsildar Recoveries, Srinagar, to raise objections, including lack of jurisdiction. Despite this order, a warrant of arrest was issued by the Executive Magistrate before the order was placed before the Special Magistrate. The petitioner also filed an application for the recall of the warrant.

Analysis and Decision:

Upon examining the timeline, the Court noted that the order was passed on 14.08.2023, but it was presented to the Special Magistrate only on 22.08.2023, after the warrant of arrest had already been issued on 19.08.2023. Consequently, the Court found that the respondent cannot be prima facie held guilty of contempt as the warrant was issued before the order was placed before the Authority. However, the petitioner's application for the recall of the warrant was acknowledged.

Court's Directive:

In light of the circumstances, the Court decided to dispose of the contempt petition. The Court requested the Authority to decide on the application for recalling the warrant within one week of receiving the certified copy of the order. The contempt petition was thus concluded with this directive for the Authority to take appropriate action within the specified timeframe.

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