Counsel for Inspector General of Police (traffic) Basant Rath on Tuesday pleaded for dismissal of contempt petition against him in a local court here, arguing the petition was not maintainable in the eye of law.
The court of municipal magistrate Srinagar YP Sharma had issued notice to the IGP on 20 May 2018 asking him to show cause as to why contempt proceedings shall not be initiated against him in a case filed by owner of Jahangir Hotel, seeking punishment to the IGP traffic and others under provisions of contempt of court act for allegedly violating stay order in his favour and damaging property at Jahangir Chowk.
Rath's counsel, advocate Mir Naveed denied the allegations claim made by the petitioner (owner of the hotel) against him.
"The petitioner's argument has no valid ground. The entire case is false, frivolous and bogus and devoid of any merit. The application is not maintainable either in law or on facts," Naveed pleaded before the court.
While referring to various provision of law to support his arguments, advocate Mir Naveed further submitted that the present motion (Contempt application) deserves to be dismissed at threshold as same is not in accordance with the procedure as envisaged under Rule 3 (4) & Rule 5 (h) of "The Rules, to regulate proceedings for Contempt of the Sub-ordinate Courts and the High Court of Jammu & Kashmir, 2018" read with Contempt of Courts Act, 1997.
"My client is complying with directions passed by division bench of the High Court (for removal of encroachments). He is not guilty of any contempt of court. The contempt application therefore deserves to be dismissed," he told the court.
He also pleaded that Basant was never the party to the main case which has been invoked by the applicant for filing contempt proceedings. Advocate Ishtiyaq Khan, counsel for petitioner will submit his arguments on 27 July 2018, the next date of hearing.