*CJ evolving mechanism for posting matters on priority basis
Mohinder Verma
JAMMU, Apr 29: Despite being reprimanded innumerable times, several bureaucrats of Jammu and Kashmir are continuously adopting rebellious attitude towards the orders of the State High Court thereby denying justice to the people. This can be gauged from the fact that over 6300 contempt petitions are lying in Jammu as well as Srinagar wings of the High Court and to ensure their expeditious disposal the Chief Justice N Paul Vasanthakumar is evolving a mechanism.
It is well settled in law that when the order of the court becomes final, its implementation is mandatory for the administrative structure of the State. But, the trend in Jammu and Kashmir is that bureaucrats remain sitting over the orders for unspecified period of time as a result of which even after obtaining orders in their favour from the judiciary people fail to get justice.
After running from pillar to post in the administrative set-up of the State, the people finally are left with no option but to file contempt petitions in the High Court so that action is initiated against the officers responsible for non-implementation of the orders.
The prevailing situation vis-à-vis defiant attitude towards the orders of the High Court can be gauged from the fact that a total of 6311 contempt petitions are lying in Jammu and Srinagar Wings of the High Court. Of these, 3499 contempt petitions are with Single Bench of the Jammu Wing and 56 with Division Bench of Jammu Wing.
Similarly, a total of 2756 contempt petitions are lying with Single as well as Division Bench of Srinagar Wing of the High Court. A total of 1600 contempt petitions were filed during 2015 in Jammu and Srinagar wings.
“What to talk of High Court orders involving some financial implications or requiring approval from various quarters in the administrative set-up, the bureaucrats even remain defiant towards the service orders”, sources said while pointing towards an order in service matter issued in 2011 but has not been implemented by the State Government department till date.
Quoting another example of rebellious attitude, sources said, “even those orders whereby setting up of educational institutions are directed receive casual response from the concerned officers despite being aware of the fact that such orders are for the benefit of the common masses”, adding “in this way the bureaucrats are willfully disobeying the orders and compelling the people to file contempt petitions, which has been termed as unhealthy practice by the High Court on numerous occasions”.
“By delaying implementation of orders of the High Court, the bureaucrats are not only depriving the people of timely justice but also putting unnecessary workload on the judiciary, which is already reeling under pendency of cases”, sources further said, adding “the time which is consumed in disposing of the contempt petitions can easily be utilized for disposal of other cases if there is strict and timely compliance to the orders of the High Court”.
They further said, “if such an attitude is maintained towards the orders of Single Bench and Division Bench of the High Court, what could be the level of implementation of orders/directives of the subordinate judiciary can be easily gauged”.
It is pertinent to mention here that on December 18, 2015 a Division Bench of the State High Court, in a contempt petition, had passed severe strictures against the bureaucrats for delaying implementation of orders and forcing filing of contempt petitions. The DB had even made it clear that the statements made by the Advocate General and his team become a binding on the official machinery because they represent the Government and project its stand on the issues before the High Court.
According to the sources, the Chief Justice, N Paul Vasanthakumar has taken seriously the huge number of contempt petitions lying in the Jammu and Srinagar Wings. “He is evolving a mechanism so that these contempt petitions are taken up by the Benches on priority basis and disposed off so that action is initiated and justice is provided to the petitioners”, sources said.
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