Excelsior Correspondent
SRINAGAR, Apr 7: High Court today expressed its displeasure and serious concern over the comments made by Divisional Commissioner Kashmir with regard to closure of unregistered coaching centers running in the Valley.
The court directed him to explain to it why action be not taken against him as the comments prima facie constitutes contempt of court against him.
The court sought explanation from Div Com after perusal of compliance report submitted by him wherein he has stated that Supreme Court has granted six weeks time to the owners of coaching centers for implementing the High Court direction as such no action could be taken against them and it is not possible for Divisional or District Administration to take action against erring and unregistered coaching centers due to flood situation in the Valley.
“The Divisional Commissioner Kashmir was under obligation to implement the direction issued by this court earlier. One of the directions was to close all the unregistered coaching centers. That order was not challenged. Thus the stand taken by the Div Com in his compliance prima facie constitutes contempt of court”, said the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey.
Court clarified that Coaching Centre Association has challenged the order of this court whereby they were directed to deposit the amount with the Registrar Judicial of the court within ten days and not the order wherein court had directed the authorities to close down all unregistered coaching centers. “The petition was dismissed and another six weeks time was granted to the owners of the coaching centers to comply with the order, which required them to deposit the amount with the Registrar Judicial”, court said.
Court while expressing serious concern over the act of Div Com and taking the court orders casual observed, “In our constitutional scheme every authority is subordinate to rule of law. One of the essential components of maintaining rule of law is honouring the court orders and the delay in implementing the court orders in itself constitutes contempt of the court”.
Court also said that the Div Com could not take a stand that due to floods necessary action against erring and unregistered coaching centers was not taken as such type of stand is ‘offence to the administration of justice itself’.
Divisional Commissioner Jammu in his report said that most of the unregistered coaching centers have been closed by the authorities among them 96 unregistered centers in Jammu and some centers are situated in Districts of Samba and Rajouri.
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