Excelsior Correspondent
Srinagar, May 27: The High Court has observed that if the orders passed by the courts are allowed to be flouted with impunity then the court can order their implementation through enforcing agency.
Justice Rajesh Sekhri said the legislature in its wisdom has incorporated various provisions in the Code of Civil Procedure to ensure that orders passed by civil courts are implemented and obeyed by all concerned.
Court was dealing with a case with regard to landed properties of the parties which are contiguous or adjacent to each other and there are allegations and counter allegations of interference by the respective parties into each other property, and order of status quo was directed to be maintained.
It was alleged that despite the court order, one of the parties is continuously raising construction on spot and on the other hand denying the said fact before the court, which prompted the court to implement its order of status quo through enforcing agency. Accordingly, the court directed the Tehsildar concern to make spot inspection on the site with the assistance of police if needed in order to bring the factual position before the court.
The Court said if an order is not carried out, it is always open to the parties to seek police protection and the Court is obliged to ensure that orders passed by it are implemented and are given effect to in its letter and spirit.
“If a Court is powerless to grant police assistance for the purpose of execution of order of temporary injunction, the very purpose of granting order of temporary injunction may be frustrated in a given case” Justice Sekhri said, adding with “therefore, with a view to meet the ends of justice and to prevent the abuse of process of the Court, Civil Courts are vested with ample jurisdiction to provide police assistance for implementation of the orders passed or exercise of rights created under the orders of the court”.
Justice Sekhri said the object behind jurisdiction of a civil court to requisition the police aid in order to discharge its functions of giving effect to its decisions or orders, being inherent in nature, can be resorted to only for the purpose of meeting ends of justice or to prevent abuse of the process of law.
An order of temporary injunction, be it ex parte or absolute, can be implemented through the agency of police, if, as already observed, there is imminent threat of violation of the order. There is nothing in law to inhibit the power of a civil court to ensure that its order, be it ex parte or absolute, is implemented in its letter and spirit. Therefore, I do not find any illegality or perversity in the impugned order dated 19.07.2012 passed by learned trial court for implementation through Tehsildar concerned with the aid and assistance of police agency”, Court concluded.
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