State High Court seems mystified by non-implementation of its orders and instructions issued to the State Government from time to time in connections with different types of litigation cases pending before it. If the High Court gives subtle expression to its surprise at the Government unable to give teeth to its orders, naturally the Court will feel that it shows a trend of defiance of judicial authority. No Court is going to pocket the insult of Government or other agencies trying to subvert its orders and instructions. We understand that the Governments are required to show considerable concern to the prescribed rules and regulations and the customs of the office when implementing the orders of the Court. Even the High Court is fully aware of the nitty-gritty of administration. But here is a vital question that needs to be cared for. Is the Government feeling that Judicial structure at the apex of which sits the State High Court is unnecessary and need not be given due importance? Of late a trend has sent in in the bureaucracy of showing cold shoulder to such orders of the Court that aim at providing justice to the aggrieved parties but discredit the policies of the Government which are mostly parochial and discriminatory in essence.The court has directed Chief Secretary to come up with a circular instruction for all the heads of the departments asking them to comply with the orders within fixed timeframe so as to allay the cost, men and machine of the State and mental agony faced by the litigants due to non-compliance.
It will be the end of democracy if the executive shows non-responsive attitude towards the orders and instructions of the court. Judiciary is the custodian of the rights of citizens enshrined in the Constitution. The Constitution gives the judiciary highest measure of independence and importance and its roles are many and dimensional.
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