Delhi High Court Expresses Concern Over Delay In Implementation Of Judicial Orders But Refuses To Order 'Compliance Cells' In Govt Departments

Nupur Thapliyal

12 Feb 2025 7:30 AM

  • Delhi High Court Expresses Concern Over Delay In Implementation Of Judicial Orders But Refuses To Order Compliance Cells In Govt Departments

    The Delhi High Court on Wednesday observed that it is the exclusive executive domain of the government to evolve a robust mechanism to ensure compliance of judicial orders. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela disposed of a plea highlighting the alleged “systemic inefficiencies and bureaucratic inertia” prevalent in...

    The Delhi High Court on Wednesday observed that it is the exclusive executive domain of the government to evolve a robust mechanism to ensure compliance of judicial orders.

    A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela disposed of a plea highlighting the alleged “systemic inefficiencies and bureaucratic inertia” prevalent in government departments due to delayed implementation of judicial orders.

    “…the mechanism lies in the exclusive executive realm of the government and accordingly, while expressing our concerns relating to the late compliance and non compliance of orders passed by the court, we dispose of this writ petition with the observation that it is for the government to evolve any such robust mechanism which ensures compliances of the court. The writ petition is disposed of in the aforesaid terms,” the Court said.

    The petition was filed by one Kore Nihal Pramod who claimed that there was an inaction on the part of government authorities in complying with court orders within a reasonable timeframe which not only causes undue hardship to litigants but also severely undermines the rule of law and the faith of the public in the judicial system.

    The petition was filed through Advocates Raja Choudhary and Sanyam Jain.

    The plea sought creation of dedicated compliance cells within each government department, headed by a dedicated officer specifically tasked with monitoring and implementing judicial orders.

    It further sought establishment of a compliance tracking system with clearly defined timelines for each stage of implementation, allowing courts and Decree Holders to monitor progress when required.

    The plea also sought implementation of accountability mechanisms such as internal audits, periodic compliance reports to be submitted to the court registry, and disciplinary proceedings for non-complying officers.

    It also sought a centralized Judicial Compliance Portal where the implementation status of judicial orders across departments can be tracked and accessed by the judiciary to prevent unnecessary delays.

    “That the right to reap the fruits of the relief granted by the court by getting the judgments, orders and directions of the court implemented without booking any delay unimpeded by the lethargic conduct on the part of the authorities is, in a way, akin to a fundamental right of a litigant-citizen, when right to approach the court itself is a fundamental right,” the plea stated.

    It added that Government officials often face no tangible repercussions for their inaction and the individual accountability can only be ensured if a robust and institutionalized mechanism is established to monitor, track and enforce compliance with judicial orders.

    “A structured oversight framework, equipped with real-time tracking, periodic reporting, and clear lines of responsibility, is imperative to prevent evasive bureaucratic tactics,” the plea said.

    Title: KORE NIHAL PRAMOD v. UNION OF INDIA

    Citation: 2025 LiveLaw (Del) 171

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