Students of political science know what the cliché ‘Might of the State’ means. We live in a democratic dispensation and we are familiar with the freedoms which democracy allows. These are nice to enjoy. But we seldom know that when these freedoms cross their limits, the Government reacts, and sometimes if need arises, it reacts with strength. That reaction with strength is called the Might of the State. We see the power of the State playing its part in the case of the recent order of the State High Court. The State High Court has issued non-bailable arrest warrant to over a dozen Engineers of Irrigation and Flood Control Department for not obeying the court orders and issued show cause notices to 53 engineers of the Department asking them why Rs 25 lakh costs may not be imposed on each of them for absolute dereliction of their duty in protecting the water bodies of Kashmir valley from encroachments. In the legal and administrative history of our State, this is the first time that the court has cracked the whip.
We have been keeping a track of this case and we reacted in these columns on the dereliction of duty by the engineering staff that was charged with the responsibility of evacuating the encroachments and obstructions to the flow of water in water bodies resulting in the tragic flooding of the city last year. Court gave them all sufficient time to present their case and defend themselves against various charges including dereliction of duty. Unfortunately and under some ill advice these functionaries trivialized the orders of the court. That is totally unacceptable. They cannot take law into their hands. There is accountability and they have to comply with it. This order of the court shows that the state can come down with a heavy hand. We highly appreciate the strong decision of the court and it brings great credit to the judiciary that where the Government fails to induct discipline among the functionaries, the court has to step in and help good governance to flow in the state. People appreciate this bold measure of the court.
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