Srinagar: 23 Mar 2018
The High Court today came down heavily on Government for non-appearance of Commissioner/ Secretaries of Finance and Law departments on a mere excuse that the earlier order has been challenged before Supreme Court.
The Division Bench of Justice Ali Mohammad Magrey and Justice M K Hanjura rapped the State counsel for his submission that the order of Court has been challenged before the Supreme Court. However, no exemption application as required was filed by both the Secretaries which Court took seriously and it deferred the hearing of the case in view of SLP pending before Supreme Court.
The officers are not present and no exemption in anticipation of their appearance is sought which reflects, Court said, not only the non-seriousness of the authorities towards the orders of the Court but also of their confidence in derailing the process by filing the SLP before the Supreme Court.
“We would have proceeded against both the officers by framing Rule against them, but the judicial proprietary demands that we may wait for the outcome of the SLP. Till next date consideration of the matter, as such, is deferred”, DB said.
Court on non-appearance of both the Secretaries observed to State counsel that do not defend them by merely making the submission that SLP has been filed. “You have respect for them but no respect for judiciary. Your Secretaries cannot control judiciary”, Court observed.
On the previous hearing, Court had felt that its orders are either being misunderstood or a deliberate attempt is made by the authorities to avoid compliance, as such it was reiterated that there is a clear direction for delinking of the daily wagers of the Judiciary and they cannot be mixed with the daily wagers of other Government departments.
Since the respondents had been coming up with the same plea over and over again, therefore, conduct was observed to be prima facie the brazen violation of the orders of this Court amounting to the contempt of the court also.
In this regard, Secretaries of Finance and Law were required to present today before the bench to explain as to why the orders of the court are not being implemented
Court during the proceedings of the case observed to State Counsel that “you had assured that the orders will be complied with in letter and spirit and sought time for reporting such compliance.”
“Almost 15 months have lapsed since the Supreme Court made the observations supra and the State after having availed such a long duration for compliance have come up with a plea that they have again approached the Supreme Court with the SLP”, DB said.
It may be mentioned here that the Supreme Court has observed that it is unfortunate, that the State Government has allowed the requirements of the State Judiciary to be neglected over such a long period of time and the need to facilitate the proper functioning of the High Court and the district judiciary is a Constitutional necessity which imposes a non-negotiable obligation on the State Government to create an adequate number of posts and to provide sufficient infrastructure.
The State Government is to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis.
