Jammu & Kashmir High Court - Srinagar Bench
Robkar vs U.T Of J&K And Ors on 18 May, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 1
Regular cause list
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP 2/2022
Robkar ...Petitioner(s)
Through: Mr. Mohd Ashraf Qadri, Adv.
Vs.
U.T of J&K and Ors. ...Respondent(s)
Through: Mr. M.A. Chashoo, AAG.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
18.05.2022 CPOWP 128/2011 & CCP 2/2022:
The judgment passed by this Court on 19th March, 2010, still awaits compliance by respondents. More than 11 years have passed and respondents are still playing the blame game. There is no dispute with regard to liability which the respondents owe towards the petitioners.
Noticing that there was no intention of respondents to comply with the judgment, this Court vide order dated 22nd December, 2021, issued notice to Shri. Imam-Ud-Din, then District Development Commissioner Kupwara, to show cause as to why the proceedings under the Contempt of Court are not initiated against him. On 22nd March, 2022, this Court noticed that reply to the show cause notice has not been filed by Shri, Imam-Ud-Din, then District Development Commissioner Kupwara, and, accordingly, directed the Registrar Judicial to frame Robkar against Mr. Imam-Ud-Din, then District Development Commissioner Kupwara, asking him to show cause as to why he should not be punished for committing the Contempt of this Court by not implementing the judgment dated 19th March, 2010, passed in OWP 960/2007. An application filed by Shri. Imam-Ud-Din, then District Development Commissioner Kupwara, for recalling of the order, also came to be dismissed vide order dated 7th May, 2022.
In response to the order dated 22nd March, 2022, Shri, Imam-Ud-Din, then District Development Commissioner Kupwara, is present in person and prays for short adjournment to file reply to the Robkar issued by this Court in terms of order dated 22nd March, 2022. He further submits that he has taken all requisite steps within his power and had personally gone to the office of the Divisional Commissioner as well as Secretary Home to persuade them to release the requisite funds so that the judgment is complied with, but despite his persuasion, he has not received any positive response so far.
It appears from the statement of Mr. Imam-Ud-Din, then District Development Commissioner Kupwara, that Divisional Commissioner Kashmir and Commissioner Secretary to the Government Department of Home are creating deliberate hindrance in the compliance of the judgment, and, therefore, they are also required to be summoned to appear in person and show cause as to why the contempt proceedings be not initiated against them. Mr. Pandurang K. Pole, Divisional Commissioner Kashmir and Mr. R.K. Goyal, ACS Home, are impleaded as party respondents.
Registry shall issue notice to both the aforesaid newly added respondents to show cause as to why the Contempt of Court proceedings be not initiated against them for causing hindrances in the implementation of the judgment dated 19th March, 2010.
List the matter for consideration on 03.06.2022. In the meanwhile, Mr. Imam-Ud-Din, then District Development Commissioner Kupwara, shall file his reply to the Robkar issued in terms of order dated 22nd March, 2022. It is however, made clear that in case the judgment is not complied with by the next date of hearing, Mr. Imam-u-Din, then Deputy Commissioner Kupwara, Mr. Pandurang K. Pole, Divisional Commissioner Kashmir and Mr. R.K. Goyal, ACS Home, shall all appear in person.
(SANJEEV KUMAR) JUDGE SRINAGAR 18.05.2022 "Mir Arif"