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High Court Orders Preservation of Recordings Amidst Contempt Proceedings Against DRT-2 Officer

Last Updated: 11-02-2024 02:08:31pm
High Court Orders Preservation of Recordings Amidst Contempt Proceedings Against DRT-2 Officer

The Punjab and Haryana High Court recently issued a show cause notice for contempt of court to the Presiding Officer of Debts Recovery Tribunal (DRT-2) in Chandigarh for making a false claim that CCTV cameras are not installed at the DRT [IDFC First Bank Limited v. District Magistrate Chandigarh And Others].A bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma also took note of an earlier High Court order mentioning erratic hybrid hearings at the DRT.“This Court deems it fit and appropriate to issue a show cause notice upon the Presiding Officer, DRT-2, Chandigarh, for the latter making an explanation to this Court as to why proceedings for contempt be not initiated against him for his making the above miscommunication, which but is prima facie completely ridden with lies,” ordered the Court. The Court directed the Presiding Officer to respond to the show cause notice within 14 days.The Court said the Presiding Officer seems to be running the hybrid system “at his own whims … switching on and off the system”.“The speaking (supra) thus loudly speak about the Presiding Officer, DRT-2, Chandigarh, thus to rob the well purpose qua the transparency of the justice dispensation system, and that too prima facie for ulterior motives, is undertaking the ill exercise of making the hybrid system with video and audio picture, to be rather disfunctional,” it added.In a matter pertaining to the DRT-2, the Court had last month ordered that the CCTV clippings from the day when the matter was listed, be placed before it by the Presiding Officer.In response, the Presiding Officer in a communication to the Court said the CCTV recording for the concerned day was not available since “CCTV camera is not installed in the Tribunal house of Debts Recovery Tribunal-2, Chandigarh”.The counsel representing the petitioner and the President of DRT Bar Association contested the communication and referred to an earlier direction passed by the High Court in respect of the DRT.In the directions passed in November 2023, the Court had directed the Central government to provide necessary infrastructure to facilitate hybrid hearings before DRT benches in Chandigarh.Finding the communication made by the Presiding Officer to be prima facie incorrect, the Court directed issuance of show cause notice for contempt to the officer.The Court further directed the National Informatics Centre (NIC) to preserve the recordings related to the case and warned of contempt action for non compliance. “The Registrar General of this Court is directed to forthwith make an oral communication of this order to the NIC concerned. The said preserved CCTV clipping(s) by the NIC concerned, is directed to become forthwith delivered in a sealed cover to the Registrar General of this Court,” ordered the Court.The Court further ordered the President of DRT Bar Association, Chandigarh to assist the Court in the contempt proceedings. 

 

It also granted him and other counsel to present evidence to disprove the claim made by the Presiding Officer.

 

“The Registry of this Court is directed to prepare a separate file, in respect of the above, required to be initiated contempt action against the Presiding Officer, DRT-2, Chandigarh,” ordered the Court as it listed the matter for further consideration on February 28.

 

Senior Advocate Gaurav Chopra with Advocate Nikhil Sabharwal represented the petitioner.

 

Additional Solicitor General Satya Pal Jain and Senior Panel Counsel Saigeeta Srivastava represented the Central government.

 

Additional Standing Counsel Gaurav Goel and Advocate Arav Gupta represented the District Magistrate of Chandigarh.

 

Advocate Tegjeet Singh represented other respondents.

 

TAGS: Punjab and Haryana High Court Debts Recovery Tribunal DRT-2 Chandigarh false claim CCTV cameras


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