Senior AAG apologizes over possible "communication gap" after J&K High Court seeks explanation for misidentification of officer

Senior Additional Advocate General (AAG) Abdul Rashid Malik tendered an unconditional apology to the High Court of Jammu & Kashmir and Ladakh over possible communication gaps that led to the misidentification of a government officer who had appeared before the Court..In an affidavit filed before the Court, AAG Malik asserted that there was no intentional suppression of any identity. He further unconditionally apologized, if there was any communication gap leading to the misidentification of the officer who appeared before the Court. .By way of background, the High Court had earlier ordered the personal presence of the District Magistrate, Anantnag in Court on February 6 in a property encroachment case. The District Magistrate's personal presence was ordered as the said officer had failed to submit a reply to the case, despite a last opportunity being given for filing such reply. However, the officer who appeared on the said date was Additional Deputy Commissioner, Mohammad Ashraf..Justice Wasim Sadiq Nargal opined that the Court was misled to believe that that the District Magistrate had appeared before the Court, when it was actually the Additional Deputy Commissioner who appeared. He also took critical note that the District Magistrate/ Deputy Commissioner, Anantnag was apparently attempting to evade the Court. .Subsequently, the Court ordered the District Magistrate and Additional Deputy Commissioner to explain their conduct, observing that their behaviour amounted to misconduct, perjury and contempt of court. .Further, Senior AAG Malik was directed to file a personal affidavit as to why he had not brought to the Court's notice that it was the Additional Deputy Commissioner who had appeared in Court. .There was no question of concealing the identity of the officer and there was no reason for the District Magistrate / Deputy Commissioner, Anantnag to evade appearing before the Court, Malik has said in his affidavit. .The affidavit further explained that the District Magistrate was unable to personally appear before Court on February 6 hearing as he was tasked with looking into a law and order situation connected to a large scale anti-encroachment drive in the State and on Kahcharai Land. .It was pointed out that the government had directed Deputy Commissioners to personally monitor anti-encroachment drives. As such, the Additional Deputy Commissioner was deputed to be present in Court instead, Malik informed. Therefore, the Deputy Commissioner could not be personally present in Court for the February 6 hearing due to unavoidable circumstances and because he was faced with an emergent situation, it was submitted. .AAG Malik also claimed that all of this was disclosed in open court, in the presence of AAG Asifa Padroo and the counsel for the private parties (opposing counsel). The affidavit added that AAG Padroo had informed the Court on February 8 that AAG Malik had made such a submission twice on February 6, that is, that the officer present in Court was the Additional Deputy Commissioner. ."Despite all these submissions, it at any stage of the proceedings, there was any communication gap, the deponent (Senior AAG Malik) along with the two official respondents submit an unconditional apology and has full faith in judicial discretion and wisdom of the Hon'ble Court," the affidavit added. .The matter is scheduled to be heard by the Court again today.