Excelsior Correspondent
SRINAGAR, Apr 22: High Court today while observing that the Divisional Commissioner Kashmir has committed the contempt of court by not implementing its judgment in letter and spirit, directed the registry to issue notice to him as to why he shall not be punished for violation of court judgment.
The petitioner-Poonam Mehra has approached the court by filing proceedings against the Divisional Commissioner Kashmir for not implementing the judgment passed by the Division Bench on December 31 last year. Court had directed for allowing the petitioner-Mehra to alienate her land in terms of Migrant Act.
Divisional Commissioner in his statement of facts instead of implementing the judgment in letter and spirit has discussed the merits of the case qua entitlement of the petitioner to have permission with regard to alienation of property in question. “The perusal of the statement of facts would make it amply clear that the Divisional Commissioner, Kashmir, is seeking to review the judgment of this court”, Division Bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul recorded.
Prima-facie, DB said, the Divisional Commissioner, Kashmir, has committed the contempt of the court, as such directed the registry to issue notice to the official to show cause as to why he shall not be punished for the contempt of the court.
“The reply to the show cause notice shall be supplied within a period of two weeks. Besides, a notice shall be issued to the Secretary, Law, Justice and Parliamentary Affairs Department, for filing his response to the statement of facts inasmuch as it refers to well settled policy of the Government for examining the judgments before compliances are filed”, court directed.
Government counsel submitted before the court that there is no such circular or policy of the Government and he (Divisional Commissioner) might be referring to the guidance of the Law Department vis-a-vis implementation of the judgment.
The court in terms of judgment had issued directions to Divisional Commissioner, Kashmir to issue permission for alienation with regard to the property in question in tune with the reports and No Objection Certificates (NOCs) of the concerned agencies in this regard forthwith which was further reiterated while dismissing the review petition filed by the said official vide order dated 23.2.2021.
The way, court added, the Divisional Commissioner, Kashmir, is taking a stand qua implementation of the judgment which has become final, amounts to reversing the judgment of this court. “Further, while doing so, as a safety measure, the Divisional Commissioner, Kashmir, in his statement of facts, states that the judgment is subject to further decision by the Law, Justice & Parliamentary Affairs Department by referring to a well settled policy of the Government.
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