Govt's Democratic Commitment Judged By Respect Shown To Court Orders, Non-Compliance Obstructs Course Of Justice: J&K High Court
In a scathing indictment of the Jammu and Kashmir administration, the High Court has expressed deep concern over the government's blatant disregard for court orders.One of the measures to judge democratic commitment of any Government is the respect it accords to the orders of the Court. At the same time, the real majesty of the Court lies in its vibrant existence and effective functioning....
In a scathing indictment of the Jammu and Kashmir administration, the High Court has expressed deep concern over the government's blatant disregard for court orders.
One of the measures to judge democratic commitment of any Government is the respect it accords to the orders of the Court. At the same time, the real majesty of the Court lies in its vibrant existence and effective functioning. Such vibrancy and effectiveness, in turn, would be achieved by ensuring due implementation and swift obedience of the judgments and orders of the Court, it emphasised.
A bench comprising Justice Wasim Sadiq Nargal also observed that the government's “long inaction and supine apathy” towards complying with court directions amounted to obstructing the course of justice.
Emphasising the timely implementation of court orders the bench said, “The speedy implementation of the orders of the Court is inextricably interwoven in the enforcement of rule of law. It is part of observance of rule of law. Compliance of the Court's orders and directions is imperative, else, it would have the tendency of shaking the confidence of public in the administration of justice”
The court's observations came in a case pertaining to a matter where the government failed to comply with multiple court orders despite repeated warnings and even imposition of costs.
The court noted that the case was initially filed in April 2023, and despite multiple adjournments granted to the government to file a response, there was no progress. The government's failure to even produce the original record, as directed by the court, further aggravated the situation.
Justice Nargal emphasized that the speedy implementation of court orders is crucial for upholding the rule of law and maintaining public faith in the judiciary. He expressed disappointment over the government's casual and lethargic approach, stating that it cannot be tolerated.
“The aforesaid approach of the respondents is highly deprecated by this Court and the respondents have to evolve an effective measure for providing assistance well in time so that the justice delivery system is not hampered and the Court time is not wasted on gaining opportunities without any justifiable cause”, the bench remarked.
Consequently, the court granted interim relief to the petitioners, which had been deferred initially to review the respondents' response. Furthermore, the court ordered that a copy of the judgment be forwarded to the Chief Secretary and the Secretary of Law and Parliamentary Affairs of Jammu & Kashmir, directing them to ensure timely responses in future.
The case has been listed for further hearing on 18.09.2024
Case Title: Madhan Lal & Ors Vs UT of J&K