Create Cells In Each Govt Department To Implement Court Orders, Reduce Inflow Of Contempt Petitions: Karnataka High Court To State

The Karnataka High Court on Monday suggested the state government constitute a cell consisting of officers in each government department which will receive orders from the court, assess the direction issued and ensure time-bound implementation to reduce the inflow of contempt petitions.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind made the observation while hearing a suo-motu public interest litigation to streamline the procedure for compliance with the orders and directions of the courts.

It said “Essentially what we want is creation of a kind of a cell in each of the government departments, which will receive the orders of the court, assess the direction and ensure time bound implementation to reduce the inflow of contempt petitions. Every department may have a cell composed of officers which will receive the orders of the court and ensure that it is implemented in a time bound manner, as directed. That is the only idea of this suo-motu.”

The court orally observed that “Simple orders of considering representation are not attended for a year or one and half years.” The court then asked the government to, in coordination with the Advocate General, work out a way to do this and adjourned the hearing to August 22.

While initiating the suo-motu proceedings the court had said “It is necessary that at the hierarchies of Government, a proper and effective machinery is created to oversee the regard, respect and implementation of the court's orders.”

The bench had remarked that one of the measures to judge the democratic commitment of any government is the respect it accords to the orders of the court. At the same time, it stated that the real majesty of the Court lies in its vibrant existence and effective functioning. and such vibrancy and effectiveness would be achieved by ensuring due implementation and swift obedience of the judgments and orders of the Court.

The speedy implementation of the judgments and orders of the Court is inextricably interwoven in the enforcement of the rule of law. It is part of the observance of the rule of law, the Court had stated.

Court had emphasised that although the contempt jurisdiction was a special jurisdiction to be exercised sparingly, whenever the act of non-compliance negates the enjoyment of rights of the litigants and citizens flowing from court orders, it adversely affects the administration of justice.

Further, it had opined “Lethargic and insensitive approach on the part of the authorities towards the compliance of the orders and directions of the courts cannot be tolerated. It has to be dealt with sternly. As the justice delayed is justice denied, too belated compliance is not to be countenanced, but has to be viewed as contempt of court itself committed in disguise or in indirect manner.”

Case Title: HIGH COURT OF KARNATAKA AND State of Karnataka & Others

Case No: WP 11822/2024

Appearance: Amicus Curiae Madhukar Deshpande

AGA Niloufer Akbar for Respondents.