Excelsior Correspondent
Srinagar, Nov 18: High Court today directed the Health Department to explain as to why the judgment passed by it four years ago has not been implemented and sought personal appearance of Financial Commissioner Health.
Justice Ali Mohammad Magrey while dealing with a contempt petition filed by Nowshaba Rashid through her advocate Altaf Haqani seeking implementation of judgment passed in the year 2016, directed the Financial Commissioner H&ME Department to appear in person before the court on November 20 to explain as to why the judgment has not been implemented for so long and why it is still not being implemented.
Justice Magrey said that it is proper before proceeding further in the matter to hear the FC H&ME Department in person as the court is prima facie satisfied that the authorities have committed the contempt of the court by delaying in implementation of the judgment for the last more than four years.
Court while expressing its anguish on unfussy approach of the authorities recorded in the order that everything has a limit and the delaying tactics adopted by the authorities in implementing the judgment must also have one. “The court cannot all along wait for the authorities to wake up from the slumbers and report compliance”, Justice Magrey said.
Court further added that confidence of the general public in the judicial system for ensuring the protection to the rights of the people as guaranteed under the constitution is of utmost priority of the court and the people at the helm of affairs must not feel encouraged in disobeying and delaying the implementation of the judgment of the court or to take it casually.
The Court was informed by the advocate Haqani that the judgment has since attained finality but the same is not being implemented despite the contempt petition filed in the year 2017 for seeking implementation of the same.
While as the defense counsel appearing of H&ME Department submitted that the authorities are expeditiously considering the implementation of the judgment but court said there is nothing in black and white to indicate that the authorities are in the process of implementing the same except the information is sought from the Director Health Services Kashmir is awaited.
It is noted here that while noticing casual approach on part of the authorities on the issue court had also sought intervention of the Advocate General and he had assured the court for compliance of the judgment.
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