Gair Mumkin Khad case: Com Secy PHE tenders unconditional apology before Court

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Jammu Tawi, April 19
In a much publicized contempt case Gair Mumkin Khad case in which State High Court directed to frame water policy, today Sourabh Bhagat Commissioner/Secretary who appeared in person offered unconditional apology for not being present in the court yesterday. Upon this Division Bench directed him to appear on next date of hearing and come with a concrete measures having taken towards the framing of the Water Policy u/s section 4 of the Jammu and Kashmir Water Irces (Regulation and Management) Act, 2010.
A K Sawhney Advocate with Adv. Aseem Sawhney appeared for the contempt petitioner Rattan Parkash and submitted that the High Court had passed a judgment on 12.2.2016 directing the State Govt including the contemner Sourab Bhagat and others whereby the Court had directed to frame a Water Policy within two months. He submitted that since about more than an year has lapsed but the State has not complied with the Order of the High Court and is delaying the same on one pretext or the other.
Moreover the Court had directed the Commisisoner/Secretary to Govt. Sourabh Bhagat to appear before the Court when he filed an application whereby it was submitted that he was in Delhi in connection with official work, on this the petitioner’s counsel filed an affidavit of the assisting counsel Shiv Dev Singh Thakur wherein it was submitted that the said Commissioner/Secy Sourabh Bhagat was in Jammu and was attending to his official work and had filed a false affidavit. On this the High Court had taken a serious note and directed Mr Bhagat to appear in person before the Court today with his boarding pass.
On appearing the Court chided the said Commissioner/Secretary to Govt Mr Bhagat and took him to task. His counsels H A Siddiqui Sr Addl Advocate General and Ranjeet Singh Jamwal DyAG assisted the Court and explained that he was in Delhi and had arrived only yesterday. Division Bench of J&K High Court yesterday took strong note of non-appearance of PHE Commissioner in court and also not complying with the Judgment dated 12.02.2016 and delaying implementation from last 1 year 2 months and 5 days. An application was also moved on his behalf through Addl. Secretary PHE Ashok Kumar Sharma who also filed an affidavit attested on 18.04.2017 itself. The court told Ranjeet Singh Jamwal Dy. Advocate General to enquire when Commissioner is coming back from Delhi and meanwhile case was passed over and to be taken up after lunch break.A.K. Sawhney, Advocate for the petitioner enquired about the whereabouts of the Commissioner PHE and came to know that he is attending his office at Civil Secretariat, Jammu. In order to verify the fact A. K. Sawhney, Advocate deputed Shiv Dev Singh Thakur, Advocate to verify the fact and pay visit to Civil Secretariat, Jammu. Later it was verified that Sourav Bhagat was attending the office and is in Jammu on 18.04.2017.
A. K. Sawhney, Advocate filed an affidavit of the Advocate Shiv Dev Singh Thakur demonstrating that Dy. Advocate General has made a wrong and false statement on behalf of Commissioner/ Secretary PHE and Adv A.K. Sawhney, Advocate yesterday also submitted before the bench that court has been taken for granted by the Commissioner and made a wrong and false statement that he is in Delhi and it amounts of committing fraud with court proceedings just to delay the implementation of the Judgment dated 12.02.2016.

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