A tendency of circumventing the clear orders of the High Court or any other court of law in the State, or even the orders of the superiors including the Ministers has been observed of late among Government functionaries. This speaks of the emergence of a nexus of sorts among the people with vested interest trying to corrupt Government functionaries, of course, throwing to winds the consequences of such deliberate aberrations. Perhaps defying the orders of superior authority is less harmful than dodging and circumventing it because it become a lengthy process to detect how circumvention has taken place and to fix the responsibility.
We have numerous glaring examples to cite in support of this contention. The High Court order in a PIL case is cited here to prove the point. In a Public Interest Litigation (PIL) titled Syed Tahir Iqbal Versus State of Jammu and Kashmir and others, the HC passed order on September 26, 2013 directing the State to install scanners at Toll Post Lakhanpur to detect illegal movement of banned polythene. The installation of full body scanner of trucks passing through Lakhanpur post would naturally detect illegal transportation of illicit liquor, bovines, narcotic drugs and banned medicines, which otherwise have created havoc in Jammu and Kashmir. Accordingly General Administration Department constituted a committee to examine the feasibility of installation of electronic devices for scanning the vehicles at Lakhanpur. The GAD directed the Excise Department to offer its full cooperation to the installation of technical/electronic equipments—scanners etc for checking/frisking of vehicles passing through the Toll Post at Lakhanpur. However, no step has been taken to install the scanners at Lakhanpur and the orders of the High Court remain unimplemented. Early this year, Finance Minister paid a visit to Lakhanpur and he found that installation of full truck body scanner at Lakhanpur Toll Post was essential. He issued orders for the installation. It is strange that not even the orders of the Finance Minister have been carried out by the Excise Department.
The question is that why does not the Government understand that defiance of the court order and the instructions of the Finance Minister speak of gross dereliction of duty on the part of the subordinates. Why does not the Government understand that there is internal subversion in the administration and a powerful nexus has emerged between the people with vested interests and some Government functionaries lending their support to them? Is this Coalition Government so weak and pusillanimous that it cannot break the unholy nexus that is detrimental to the very health of the people of the State. If the Government fails to get the orders of the High Court implemented in letter and in spirit, it fails in its duty as the Executive organ of the State. We have plethora of service rules. Why is not the Government invoking those rules to punish the defaulters? The higher the rank of defying authority the greater should be the punishment for him or her. That is a simple rule and has to be observed strictly to change the entire diseased and cramped culture of disobedience and defiance among the Government functionaries.