HC imposes penalty on Central Govt for violating orders

Establishment of drug de-addiction centers

Excelsior Correspondent
Srinagar, Oct 4: The High Court has imposed penalty on Central Government for deviating its orders with regard to filing of details about releasing of funds to State Government for establishment of drug de-addiction centers in the State.
After perusal of report of Health and Medical Education Department which revealed that more than 25000 persons from different ages are taking drugs like Alcohol, Cannabis, Opioid, Sedatives, Cocaine, Amphetamine Type Stimulants, inhalants and Hallucinogens, the Division Bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar imposed costs of Rs 10000 on Central Government for not filing the details of funds provided to State Government for establishing drug de-addiction centers in the State.
The Court was about to summon Secretary Home Department Government of India but after great persuasion from the counsel appearing for and on behalf of Union Of India, the Court granted last opportunity to file response subject to the costs of Rs 10000 to be deposited in the State Legal Services Authority.
During the course of proceedings, the Chief Justice expressed displeasure over non-filing of response by the Central Government and reminded the Central counsel previous orders in which direction has been passed for filing of the same.
Court said that despite repeated directions from time to time, orders of the court have not been complied with by the Government of India as the matter is of urgent nature so far as establishment of drug de-addiction centers is concerned.
The DB said that in their view no delay should have been caused in such type of matters. The H&ME department in its latest report under census and survey submitted before the court that more than 25,000 persons from the age of 10 years to 75 years are taking different kinds of drugs in the State.
To overcome and control the situation, the department has placed before the court the action plan regarding the drug de-addiction and rehabilitation centers in the State. However, Senior Advocate Jehangir Iqbal Ganaie representing for petitioners submitted before the bench that drug de-addition centers and rehabilitation centers could be established only when the funds would be released by the Government of India.
He informed the Court that as per previous directions by the Court till date no response has been filed so far by the GoI with regard to releasing of funds to the State Government. The report of H&ME department revealed the drug abuse in the State is on high stage and the court after perusal of the report observed that the issue is of very serious in nature.
In the action plan, authorities are going to upgrade the drug de-addiction centers of Government Medical College Srinagar and Jammu in terms of infrastructure and manpower to enhance the care level and provide linkage to the community drug de-addiction centers in SKIMS MCH and all Medical Colleges in the State. NDPS act may be amended in view of the changing trend of substance use including solvents and synthetic drugs which are not currently covered in the Act.
The Central Government has to report to the court with regard to release of funds to the State Government for establishment of drug de-addiction centers in the State. Under the policy, the State Government is required to establish 23 drug de-addiction centers across the State.

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