Jammu and Kashmir High Court: In a contempt proceedings arising from the non-compliance of a High Court’s order, a division bench comprising of Atul Sreedharan and Javed Iqbal Wani, JJ., expressed its dissatisfaction with the UT Government’s handling of judicial orders and warned them of firmer actions to ensure compliance. The Court scheduled the hearing on 08-08-2024, with a clear directive for personal appearance by the contemnors.
In the instant matter, the present contempt proceedings arising from the non-compliance of a High Court order dated 10-08-2023, directing that Chief Engineers should receive a higher pay scale than Superintending Engineers, following constitutional principles under Articles 14 and 16 of Constitution of India. The High Court directed the authorities to comply with the order within three months of the order.
The Court directed the Chief Secretary, Finance Secretary, Secretary GAD, and Secretary PWD R&B to join the proceedings through video conferencing. The Principal Secretary, Finance, and Secretary PWD R&B joined as directed, however, the Secretary GAD did not join due to being on leave and the Chief Secretary did not join despite assurances of joining shortly, resulting in contradictory statements from the Law Secretary and the Advocate General.
The Court was informed by the contemnors that a Special Leave Petition (SLP) has been filed in the Supreme Court in June 2024 against the principal order and there was a ten-month delay in filing the SLP, with four months elapsing after receiving sanction. The Court found further delays as the SLP filed on 5-06-2024 had not cleared seven defects identified by the Supreme Court Registry.
The Court highlighted the Union Territory Government’s lack of sincerity in complying with judicial orders and stated that there are over 6,000 pending contempt petitions in Jammu and Kashmir, indicating systemic issues with enforcing court orders. The Court noted that many contempt cases have been pending for years, thereby undermining the justice system’s effectiveness and stated that such pendency of cases has “reduced the justice dispensation system in UT to a cruel joke.”
“The “couldn’t careless” attitude of the executive gives an impression to this Court that it has to resort to firm measures to ensure that the orders passed by this Court and by other courts judicially inferior to the High Court, are complied with in letter and spirit and are taken more seriously than the way it has been till date.”
The Court expressed concern over the Executive’s disregard for court orders and emphasised on the need for prompt compliance and stricter enforcement measures with its orders. The Court criticised its own leniency in granting adjournments and calling for repeated reports, which contributed to prolonged contempt cases.
The Court stated that “to restore a semblance of sanity by achieving compliance of its orders, this Court has to take precipitate measures and shall not hesitate to do so.” The Court warned the Union Territory and bureaucracy that non-compliance with court orders will no longer be tolerated.
“Once an order is passed, it shall be complied with in letter and spirit, stayed or set aside by a superior Court or a larger bench or, the contemnor be prepared to face the consequences for contempt of Court.”
The Court listed the case for further hearing on 08-08-2024. The Court directed all the four contemnors to appear in person and stated that failure to comply will result in coercive measures to secure their presence.
[Sheikh Mohammad Hussain v. Atal Dulloo, 2024 SCC OnLine J&K 617, Decided on 05-08-2024]
Advocates who appeared in this case :
Mr. R.A. Jan, Sr. Advocate with Mr. Syed Bhat, Counsel for the Petitioners/Appellants
Mr. D.C. Raina, Advocate General, Mr. Ab. Rashid Malik, Sr. AAG, Mr. Santosh, Secretary Finance and Mr. Bopinder Singh, Secretary PWD, Counsel for the Respondents
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