‘Too Big for His Boots’: Ellenabad court orders criminal case against SDM for defying judicial directions

Chandigarh: A local court in Ellenabad has ordered criminal proceedings against the serving Sub Divisional Magistrate (SDM), Ellenabad in Sirsa district, for "direct or colourable defiance" of judicial orders and failing to submit affidavits despite multiple directions. In a strongly worded order dated Feb 16, Civil Judge (Junior Division) Prateet Singh Dhonchak directed that proceedings be initiated against the SDM Paras Bhagoria under Sections 198, 208 and 210 of the BNS. The matter will now be registered separately under the title "Court on its own motion Versus Paras Bhagoria." On January 15, the court ordered the SDM to file an affidavit clarifying the legal basis for the installation of loudspeakers and connecting wires over the suit property, whether any legal sanction was required for their installation and operation, and which authority was competent to remove loudspeakers installed without legal basis.The affidavit was not filed on Jan 22. Instead, the court received a letter stating that the SDM was engaged in preparations for Republic Day, and therefore could not submit the affidavit. The court rejected the explanation, observing that the officer was given "ample time" to comply and describing the ground as "flimsy."
The judge noted that court orders are meant for "prompt compliance and not defiance at own whim and fancy," and observed that there was a prima facie case of disobedience. The SDM was directed to submit an explanation by way of affidavit and to remain present in court. On Feb 12, the affidavit was again not filed. Another letter cited a strike call by officials of the transport department and apprehensions of law-and-order issues at Dabwali, where the SDM held additional charge. The court recorded that the order dated January 22 was received in the SDM's office the same day and that he was given "more than ample time" to comply.The court remarked that the case was "stuck up since January 15 awaiting the affidavit" and that there was "once again a prima facie case of disobedience." While granting 1 final opportunity in the "interests of justice," the court made it "abundantly clear" that the majesty of law would be upheld and that judicial restraint should not be misconstrued as weakness.On February 16, with neither the affidavit nor the explanation filed, and following an oral request for appearance through video conferencing, the court declined the plea. It observed that the distance between Dabwali and Ellenabad did not justify non-appearance and that there was no material to show the SDM no longer held charge of Ellenabad. In strong observations, the judge stated that the SDM appeared to be "labouring under the misconception that he can keep seeking adjournments… without any cogent reason" and that the court's orders were kept "in abeyance for no rhyme or reason." The order further recorded that the officer "has grown too big for his boots" and "cannot be permitted to cock a snook at the orders of this court."Invoking the principle that "Be you ever so high, the law is above you," the court held that it had "no other option" but to proceed against the SDM to uphold the majesty of law. The order was treated as passed under Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Certified copies of the Feb 16 order, along with previous orders dated January 15, January 22 and February 12, were directed to be sent to the Chief Judicial Magistrate (CJM), Sirsa, for proceeding against the SDM Paras Bhagoria.The court also clarified that neither the presiding Judge nor any court official would be required to appear as a witness in the criminal case, noting that certified copies of judicial orders are per se admissible in evidence and that Section 127 of the Bharatiya Sakshya Adhiniyam, 2023, confers immunity in this regard. Separately, the Deputy Commissioner, Sirsa (DC), was asked to submit an affidavit in court on Feb 23 regarding the issues earlier enumerated in light of the factual matrix detailed in the order dated Nov 20, 2025. MSID: 128464580 413 |