HC accepts unconditional apology CTP JDA, closes contempt

25/11/2023

JAMMU, Nov 24: Justice Wasim Sadiq Nargal of Jammu & Kashmir and Ladakh High Court closed the contempt petition against Jagdish Raj Chief Town Planner JDA, as the unconditional apology has been tendered by him through Aseem Sawhney, Advocate seems to be bonafide and as he has shown remorse and repentance of his acts, the same is accepted by this Court and the proceedings which have been initiated by this Court in the present petition, as such, are closed for the reasons stated hereinabove.
Justice Wasim Sadiq Nargal while closing the contempt petition, observed that 16. Since, the respondent-Jagdish Raj, Chief Town Planner, Jammu Development Authority have tendered an absolute and unconditional apology through Mr. Aseem Sawhney, Advocate and the language used in the said apology reflects regretful acknowledgment. The apology which has been tendered by the aforesaid person seems to be tendered with a sense of genuine remorse and repentance and not a calculated strategy to avoid punishment. The same is accepted by this Court being bonafide. Court further observed that undoubtedly, the apology cannot be a defense of justification or an appropriate punishment for an act which tantamounts to contempt of court. The apology can be accepted in a case where the conduct for such an apology given is such that it cannot be ignored without compromising the dignity of the court. Time and again, courts have held that apology cannot be accepted in case it is hollow; there is no remorse, no regret, no repentance, or if it is only a device to escape the rigor of the law. Such an apology can merely be termed as a "paper apology". So, an apology should not be "paper apology" and expression of sorrow should come from the heart and not from the pen; for it is one thing to 'say' sorry, it is another to 'feel' sorry. The power to punish for contempt is a rare species of judicial power which by the very nature calls for exercise with great care and caution. Such power ought to be exercised only where "silence is no longer an option." Being an officer of the Jammu Development Authority, it was his duty not to make a false statement before the Court regarding the tearing-off of the original plan, which upon examination, was found to be intact and not teared-off.

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