1 ITEM NO.25 Court 6 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s).26/2020 PROF. ABDUL GANI BHAT Petitioner(s) VERSUS MASRAT SHAHEEN Respondent(s) (WITH IA No.11616/2020-PERMISSION TO APPEAR AND ARGUE IN PERSON) Date : 08-02-2021 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Petitioner-in-person (N/P) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 The petition under Article 32 of the Constitution was listed for hearing on 1 February 2021. Though the petition was kept back and called out thereafter for a second time, the petitioner continued to remain absent. The petition was thereafter directed to be listed today. The petition has been passed over in spite of which the petitioner has not remained present. 2 The petitioner has invoked the remedy under Article 32 seeking the payment of what is described as a “nominal amount of Rs 50 crores” allegedly for defamation. The cause of action which is sought to be set up in the petition is that the petitioner had submitted an application on 18 December 2019 to the Registry of the Jammu and Kashmir High Court for not listing his cases during his absence. The petitioner approached the senior-most Judge of the High Court
2 with a representation. According to the petitioner, the respondent submitted a report, a copy of which is annexed at Annexure P-1. The report by the Registrar (Judicial) of the Jammu and Kashmir High Court reads as follows: “Subject:- Application of Prof.Abdul Gani Bhat. May it please your lordship to peruse the report as under:- Lordship, applicant Professor Abdul Gani Bhat admittedly approached the office of the undersigned on 18.12.2019 with the application wherein he sought appropriate orders for not listing of his cases pending disposal before the Hon'ble Court, till his return from outside the state . Lordship, the Registry however expressed inability to entertain the application of the applicant on the ground that there is no such provision in the rules in vogue, in accordance with, such prayer may be accepted. He was told that the Registry has no power to delay or prepone any date of hearing fixed by the Hon'ble Court. However, he was advised to approach the Hon'ble Court on the date(s) his case(s) is/are listed and make mention of the same before the Hon'ble Court as the dates are being fixed by the Hon'ble Court where he could get the desirous dates of his cases. Lordship, it is further submitted that the cases of the applicant Prof Abdul Gani Bhat, are being listed in accordance with the directions of Hon'ble Court and the Registry in no way fails in this regard. The applicant is being treated at par with other litigants and no one nurses grudge and malice against him as mentioned by him in his application. The applicant has always been seen to create chaos in the Registry with malafide design of hampering the smooth work of the Registry as well as wasting of the precious time of the Hon'ble Court. Report is submitted for kind perusal.” 3 The report has been submitted by the Registrar (Judicial) as a member of the Registry to a Judge of the High Court. The invocation of the jurisdiction under Article 32 to seek damages is a complete abuse of the process of the Court.
3 4 We find no merit in the petition. The petition is accordingly dismissed. 5 Pending application, if any, stands disposed of. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER
ITEM NO.25 Court 6 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Criminal) No.26/2020 PROF. ABDUL GANI BHAT Petitioner(s) VERSUS MASRAT SHAHEEN Respondent(s) (With appln.(s) for IA No.11616/2020-PERMISSION TO APPEAR AND ARGUE IN PERSON) Date : 01-02-2021 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Petitioner-in-person (N/P) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 List the Writ Petition on 8 February 2021. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master