JATINDER WALIA ASJ , KAPURTHALA  FOUND IN CONTEMPT FOR VIOLATING COURT ORDER: ACQUITTAL ACCUSED IN A MURDER CASE DESPITE STAY ORDER

13 July 2023, In a significant development, a trial judge  has been found in contempt of court for violating a stay order issued by the High Court. The judge, identified as Jatinder Walia ASJ (now retired) , allegedly proceeded with the trial in a murder case and acquitted the accused individuals, disregarding the explicit directive from the higher court. The case pertains to the granting of anticipatory bail to the accused in a murder case, despite their initial bail application being declined. 

The finding of contempt arose from a contempt petition filed by Kulwant Kaur against Jatinder Walia. The petition highlighted the violation of the order dated May 20, 2016, which explicitly instructed the trial court not to pass a final order. The petitioner, who is the mother of the deceased, had sought the cancellation of anticipatory bail and further investigation under Section 173(8) of the Code of Criminal Procedure.

The court’s report, submitted by the Registrar Vigilance, established that the trial judge was well aware of the stay order and proceeded with the trial nonetheless. The report stated, “The version of Ms. Jitender Walia… that she was not aware of the order dated 20.05.2016 having been passed by the Hon’ble High Court is difficult to accept.” The report further emphasized that the complainant had informed the judge about the order during the proceedings.

Justice Arvind Singh Sangwan, who presided over the case, revived the contempt petition based on the findings of the fact-finding inquiry. The court observed that Jatinder Walia had prima facie committed contempt of court by violating the order. Notice has been issued to all concerned parties, and the matter is set to be heard on August 7, 2023.

The revival of the contempt petition comes after its disposal in 2022, when the court granted the petitioner liberty to raise her pleas before the Appellate Court, where an appeal against the acquittal is pending. The contempt finding emphasizes the significance of upholding court orders and maintaer Jatinder WALIA ASJves as a remitanrs and the consequences that may low if such o are willfully disregarded. The outcome of the contempt petition and subsequent proceedings will have far-reaching implications for upholding the rule of law and ensuring justice is served.

Date of Order: July 13, 2023

KULWANT KAUR @ Kanto VersusJ ATINDER Walia