Srinagar, December 1: The Central Administrative Tribunal (CAT) has expressed worry for the Bench and the Bar about the authorities’ careless attitude toward following its directives.
A division bench consisting of M. S. Latif, Member (J), and Prasant Kumar, Member (A), stated, “We are also at pains to observe that every order of the court is accompanied by a contempt petition, as the orders of the courts are being taken casually, which is a matter of grave concern for both the Bench and the Bar.” The tribunal noted that the “court orders are to be complied with with grace as law always commands” in response to a contempt plea that sought execution of its ruling on April 27, 2022.
It was said that coercive measures are only used when court rulings are not followed in full.
“This Tribunal may, for this purpose, exercise the provisions of the Contempt of Courts Act 1971 as well, read with the Contempt of Courts (CAT) Rules, 1992, which prescribe the procedure for initiation of contempt proceedings,” the tribunal stated. “This Tribunal is not powerless to initiate proceedings in terms of Section 17 of the Administrative Tribunal Act, 1985, which mandates that the tribunal will have the same jurisdiction, power, and authority while dealing with contempt petitions as that of the High Court.”
The petitioner’s lawyer submitted that the tribunal’s decision had been affirmed by the High Court and sustained by the Supreme Court, to which the panel responded with this directive.
Nevertheless, the attorney said that the Home Department’s Additional Secretary to Government had the audacity to provide such an affidavit, which he claimed amounted to contempt of court.
“He (the officer) deserves to be dealt with separately by the law for what may even amount to criminal contempt,” he added.
The tribunal said that it was not pleased to have all of the officers—high and low—appear in court since they were more needed to alleviate people’s suffering in public than to appear in person. It said, “Yet, it appears that the relevant authorities are treating these observations casually.”
The tribunal declared that the court orders could not be disregarded, noting that “the Supreme Court has held that disobedience of the courts’ orders strikes at the very rule of law, which erodes the faith of common people in this temple of justice.”
After the government lawyer submitted a request for the same, the tribunal extended the deadline for compliance with the ruling by three weeks.
Additionally, it mandated that Qazi Irfan, the Additional Secretary Home, continue to appear in person before the court at 4 p.m. on December 21st, after his public duty to clarify his filing of an irresponsible affidavit.
The officer will help the court pursue compliance with the ruling of April 27, 2022, which was affirmed by the nation’s highest court, according to the tribunal.
In the end, the court said the officer’s presence would facilitate a prompt resolution of the contempt case.
The Chief Secretary of J&K will get a copy of the court’s order, as instructed by its registry.
