HC issues notice to govt for failing to implement court judgment
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HC issues notice to govt for failing to implement court judgment

Post by on Saturday, May 21, 2022

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Srinagar, May 20: The High Court of Jammu & Kashmir and Ladakh issued notice to Divisional Commissioner Kashmir and Additional Chief Secretary, Home department to show cause as to why the contempt of court proceedings be not initiated against them for causing hindrances in the implementation of judgment delivered 11 years ago.
The court of Justice Sanjeev Kumar directed the then District Development Commissioner (DDC) Kupwara, Imam-Ud-Din to file his reply to the Robkar issued on March, 22, 2022.
The court, however, made it clear that in case the judgment is not complied with by the next date of hearing, the then DDC Kupwara, Divisional Commissioner Kashmir, Pandurang K. Pole, and ACS Home, R.K. Goyal, shall all appear in person.
Justice Kumar passed the directions after taking note of the statement of then DDC Kupwara stating that Divisional Commissioner Kashmir and Commissioner Secretary Home department 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."
He submitted before the court 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 in favour of petitioners so that the judgment is complied with, but despite his persuasion, he has not received any positive response so far.
The court noted that the judgment passed by the court on March, 19, 2010 whereby the government authorities were directed to release the amount in favour of petitioners, as per their entitlement in accordance with rules and law, still awaits compliance by respondents.
"More than 11 years have passed and respondents are still playing the blame game," the court said.
It recorded that there is no dispute with regard to liability which the respondents owe towards the petitioners.
Previously, the court had issued notice to then DDC Kupwara, Imam-u-Din to show cause as to why the proceedings under the contempt of court are not initiated against him.
Failing to respond to the show cause notice, the court had directed the Registrar Judicial to frame Robkar against Imam-u-Din asking him to show cause as to why he should not be punished for committing the contempt of the court by not implementing the judgment passed on March, 19, 2010.
The court listed the matter for hearing on June, 03, 2022.
 

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