Nobody Above Law: CAT Srinagar Summons Addl. Secretary to Govt. Home, Takes Exception To Non-Compliance With Its Orders, 'Casual Approach'

Expressing concern over the casual attitude towards court orders and emphasising the need for graceful compliance, the tribunal headed by Members Prasant Kumar and M. S. Latif observed,

“This court has, on many occasions held that we do not feel happy in calling the officers, high or low, in the court as they are more required in public to mitigate their sufferings rather than be present before the court. However, it seems that the authorities concerned are taking these observations casually. The court orders are to be complied with grace as law always commands grace and coercive measure is adopted only when the orders of the courts are not complied with in its letter and spirit”.

The matter stemmed from a judgment pronounced by the CAT, which was later confirmed by the High Court and upheld by the Apex court. The respondents were granted four weeks to comply with the judgment, and a detailed order was passed by the court on October 3, 2023.

However, during the hearing of the matter, the counsel for the applicant Sr Adv Jhangir Iqbal Ganai raised objections to an application filed by the Government Advocate for the respondents, seeking an extension of time.

The application, supported by an affidavit signed by Addl Secretary Home invoked the ire of the tribunal.

The tribunal expressed displeasure at the Additional Secretary's affidavit, which seemingly sought more time to examine the matter in light of the directions passed by the Tribunal in the contempt petition.

The counsel for the applicant argued that such an affidavit amounted to contempt of court and potentially criminal contempt, suggesting a separate legal action.

Lamenting the increasing trend of officers taking court orders casually, the Tribunal reiterated that court orders are to be complied with grace, and coercive measures are only adopted when the spirit of the orders is not respected.

Observing that the Tribunal is not powerless to initiate proceedings in terms of section 17 of the Administrative Tribunal Act, 1985 the Tribunal observed,

“This Tribunal has, all along, showered grace and respect to the senior responsible officers of the U.T of J&K with the expectation that its orders will be complied with grace and respect as there is nobody above law and the law is supreme. Judicial orders cannot be allowed to be circumvented”.

Expressing concern over the non-implementation of the orders the Tribunal further went on to add,

We are also at pains to observe that every order of the court is accompanied by a contempt petition, as the orders of the courts are being taken casually, which is a matter of grave concern for both the Bench and the Bar.

Granting an additional three weeks for compliance with the judgment the Tribunal directed the Additional Secretary Home to personally appear before the court on the next date of hearing.

The tribunal set the date for the next hearing on December 21, 2023, and directed the Registry to send a copy of the order to the Chief Secretary of the Union Territory of Jammu and Kashmir.

Case Title: HILAL AHMAD RATHORE Vs HOME DEPARTMENT

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