Excelsior Correspondent
Srinagar, Mar 26: High Court has initiated contempt proceedings against the Financial Commissioner (FC) Home Department for non-compliance of court directions and directed the registry to issue show cause notice to the officer in this regard.
Justice V C Koul while hearing the contempt petition seeking implementation of court directions passed in 2018 and further for punishment to the contemnors including FC Home Department for flouting the directions of the court.
The court had directed the authorities to pay rent to the owner of the cinema from 2005 within two months at the interest rate of 6 percent per annum on the arrears of the rent from the date the rent became payable to the owner.
Showing a casual approach to these directions by the authorities, the petitioner filed the instant contempt petition and the court has framed a rule against the FC home department. “Accordingly, Registry is directed to frame Robkar against the Financial Commissioner, Home Department”, Court directed
Court after framing the rule against the contemnor directed the registry to issue notice upon the delinquent officer to show cause as to why he should not be proceeded against for having committed the contempt of the Court and punished for such contempt.
Court said the respondents despite availing numerous opportunities have not complied with the judgment till date and this Court in terms of order dated 12.02.2024 had directed the respondents to comply with the judgment of Writ Court in its letter and spirit by depositing the amount due to the petitioner with the Registry of this Court.
Court had made it clear that in failure, the Secretary to the Government Home Department was directed to explain in writing as to why the proceedings under Contempt of Courts Act be not initiated against him. The said order was communicated to the Secretary to the Home Department.
The respondents in pursuance of Order dated 12.02.2024 have filed statement of facts and stated therein that the matter was taken up with Home Department, J&K, for accord of sanction for release of rentals and the home department has sanctioned Rs.3.98 Crores on account of rentals for the entire period of occupation upto 26.08.2017 for its further deposition before the Registry of this Court.
“Perusal of compliance report reveals that the judgment passed by this Court has not been complied with by the respondents in letter and spirit. Prima facie it appears that the respondents have committed contempt of Court”, Court said and initiated contempt proceedings against the FC Home.
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