Excelsior Correspondent
SRINAGAR, Nov 17: Jammu and Kashmir High Court today took a strong note of adjournment of cases sought by the Government counsels and imposed Rs 400 against each adjournment on Government and ordered coercive measures be adopted to recover the money.
Justice Ali Muhammad Magrey directed Additional Advocate General M A Baigh to deposit Rs 6800 as costs for the 17 days of adjournment before the Registrar Judicial and produce a receipt before the Court at the time of making his submissions.
“In the event costs are not deposited, the Court would proceed to take all coercive steps to recover the same from the Commissioner Secretary to Government, General Administration Department, which could include seizure of his personal salary account,” the court said.
The Court said “unfortunately the court cannot proceed ahead on the course of justice unless respondents advance their arguments and produce their record. But at the same time the court is not powerless to compel the respondents and their counsel to argue the case and to produce the records”.
It also observed that there are ways and means available before the courts including awarding costs for each day of adjournment.
“Respondents may take as much time as they want, but they would need to compensate the petitioner for each day up to a minimum of Rs 400 for each day of adjournment,” the court said.
The bench also pointed out that the State counsel was repeatedly asked to argue the case and given opportunities to produce the original record and directions in this regard were passed on July 27, September 7, October 5, October 24 and October 27 this year. “But in vain”.
“The respondents and their counsel seem to be deriving pleasure out of the melancholy of the petitioner who has been prematurely retired from service, and, therefore, mind least about the sanctity of the orders passed by the Court,” the court said.
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