RAKESH KAUL Vs. REGISTRAR HIGH COURT OF J AND K
LAWS(SC)-1994-8-87
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on August 12,1994

Rakesh Kaul Appellant
VERSUS
Registrar High Court Of J And K Respondents

JUDGEMENT

- (1.) The petitioners herein aggrieved by the change of dates in relation to B. A. , B. Com. , B. Sc. examinations by the University of Kashmir from 5/9/1992 to 17/7/1992, 25/7/1992 and 31/7/1992 preferred writ petitions to the High court of Jammu and Kashmir. On 15/7/1992, Shri Mohd. Yasin Malik, the Assistant Controller of Examination appeared in person in court. He sought two days' time to obtain necessary instructions from the University of kashmir. The matter stood adjourned to 17/7/1992. However, the matter appears to have been recalled on 15/7/1992 itself during the absence of the petitioners. An order was passed dismissing the writ petition
(2.) After the order was pronounced, the petitioners attempted to assault and manhandle Mr Mohd. Yasin Malik, Assistant Controller of Examination outside the courtroom. While dismissing the writ petition, the learned Single judge took a serious view of the conduct of the petitioners. Such a conduct prima facie appears to coerce authorities into submission and obstruct the administration of justice. He concluded as under : "It is a matter of regret that petitioners, being educated youth should have taken law into their own hands with a view to strike terror in the minds of authorities or to influence the functioning of this court. It will be a sad day if the litigating parties are given licence to pressurise and browbeat the authorities and the courts which have the consequence of impeding the course of justice. Such actions require to be curbed for the sake of upholding the majesty of law
(3.) On this, a rule was issued against the petitioners requiring them to show cause why they should not be punished for the contempt of court. As regards petitioner 2 Ajay Razdan, a non-bailable warrant was issued which was to be executed by the DIG, Jammu Range. However, the warrant was not executed and the police pleaded helplessness which conduct came for consideration. Some of the petitioners appeared before the court while ramesh Kumar Bhat and Romesh Trakroo did not appear. So much so, non- bailable warrants had to be issued against them. In view of the passage of one year from the date of impugned order dated 8/12/1993, fresh warrants were directed to be issued and executed by SSP concerned against Ramesh kumar Bhat and Romesh Trakroo;


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