Srinagar, Feb 4: The State High Court today sought personal appearance of Director General of Police for not implementing the judgments passed by High Court as well as Supreme Court in case he fails to file compliance the judgments by next date.
In glaring violations of three judgments passed in a single matter by Single Bench and Division Bench of High Court as also the judgment of Supreme Court, the bench of Justice Aloke Aradhe sought personal appearance of Director General of Police before the court in case compliance report of judgments is not filed by next date.
When the matter came up for hearing state counsel has sought time to submit compliance report in light of previous court direction which the court granted to him. “It is made clear that in case compliance report is jot filed within two weeks, Respondent-2 (DGP J&K) shall remain present before this court on next date of hearing.
The court, in its previous order, had observed that the judgments of this court have been upheld by the Supreme Court but till date, the judgment have not been implemented which otherwise should have been implemented as such petitioners have unnecessarily have been constrained to file the petition for launching contempt proceeding against the respondents. “Suffice to say that the respondents shall implement the judgment in letter and spirit”, court had mentioned in previous order.
In its basic judgment the court had directed the authorities to consider the diploma certificates of petitioners and award them two marks as per the criteria incorporated in the advertisement notice for selection of constables and thereafter consider their cases for selection and appointment to the post in question and pass appropriate orders in this regard within six weeks time.
Instead of implementing the judgment of single bench, the state has chosen to file 5 LPAs against the single bench judgments before division bench. The division bench after going through the facts and hearing arguments of both the parties held that the appeals filed by the state are not maintainable and directed the appellants (state) to comply with the directions issued by the Single Bench within eight weeks.
Despite passing of division bench directions for implementation of single bench judgment, the state challenged the division bench judgment before Supreme Court by way of Special Leave Petition (SLP) which the Supreme Court dismissed out-rightly.