Excelsior Correspondent
Srinagar, Aug 11: The Jammu and Kashmir High Court today rejected the Government scheme for poor girls and issued show cause notices for contempt of court to Chief Secretary and Commissioner Secretary Social Welfare Department for not framing a policy in tune with the court directions on providing assistance to around 4 lakh poor girls in the State.
Justice M H Attar and Justice Hasnain Massodi of Jammu and Kashmir High Court ordered: “In view of our prima facie opinion that these authorities are intentionally and deliberately violating the court orders, we are left with no option but to direct the Chief Secretary of the State and Secretary Social welfare Department, Mohammad Shaft Rather, to show cause as to why contempt proceedings be not initiated against them and they be punished for committing contempt of court.”
The court had directed the Government to provide assistance to the poor and destitute girls of the State and form a policy. The Government formed a policy but it as per court is not in tune with its directions.
The Bench observed: “We are prima facie of strong view that the authorities of the State, Chief Secretary and Secretary Social Welfare Department, are intentionally and deliberately defeating the orders of this court and that of the Supreme court. The Scheme of the latest status report being not in consonance with court orders is hereby rejected.”
The court said: “B A Bahir, senior Advocate who has been requested to assist the court as friend of the court, has all along shown keen interest by providing remarkable assistance to the court.”
“Learned counsel submitted that the Scheme does not comply with the directions of the court dated 30.12.2013, insomuch as, 3,73,086 poor girls stood already identified by the State authorities, but now norms have been prescribed under the scheme which defeat not only the purpose underlying basic order of the Court but constitutes cruel disobedience of the court order dated 30.12.2013 against which leave to appeal filed by the State of Jammu and Kashmir before Hon’ble the Supreme court stands dismissed”, the court observed.
“Learned counsel submitted that there is no requirement now to fix the norms which inter alia oblige the beneficiary to prove that she belongs to below poverty line family; her marriage has been fixed and is likely to be solemnized shortly; has to provide proof of BPL status”, the court observed.
The court observed further: “Learned counsel submitted that the court had earlier directed the respondents/State and its authorities to identify the poor girls of the State. Learned counsel further submitted that the respondents-State through its Deputy Commissioners conducted a detailed survey and identified 3,73,086 poor girls in the State of J&K.”
The counsel submitted that by prescribing aforesaid norms in the scheme, the respondents are not only defeating the court orders but destroying the very purpose underlying issuance of such directions
However, the senior Assistant advocate General JA Kawoosa, made all efforts to justify the norms fixed for availing benefits under the scheme.
“We place on record our pain and anguish in the manner in which the State-respondents have dealt with the directions of this court contained in order dated 30.12.2013 even after dismissal of the leave to appeal filed before the Supreme Court in which the Supreme Court had directed the State of J&K to implement the directions of this court”, observed the court.
The court said that the State undertook a huge exercise of conducting survey through the Deputy Commissioners of all the districts for identifying the poor girls. “The survey so conducted resulted into identifying 3, 73, 086 poor girls. The State itself, thus, identified the poor girls for the benefit of whom the directions were issued on 30.12.2013. It is this class of poor girls for which the scheme had to be formulated. The particulars of all these girls are available with the authorities of the State Government. It is this class of poor girls who are the beneficiaries of the orders of this court dated 30.12.2013. Those poor girls have been identified by the authorities of the State Government after satisfying the prescribed norms and requirements. There is, thus, no further requirement of conducting further inquiry to find out whether the girls identified belong to BPL family and for asking them to provide proof of BPL Status”, court observed.
“These norms prescribed in the State Marriage Assistance Scheme for Poor girls completely defeat the order of the court including that of 30.12.2013 and that of Supreme Court dated May 5, 2014. The norm that “Marriage is to be solemnized shortly” also appears to be not in consonance with the aforesaid court directions”, the court observed.
The court observed that these norms will definitely come in the way of identified poor girls in reaping the benefits of court orders. “It prima facie appears that the foresaid uncouth attempts are aimed at not only taking away the sheen, but even the spirit of the court order dated 30.12.2013 and 05.05.2014 of the court “, the court observes.
The court said that it becomes duty of the State and is authorities to implement court orders in the manner it is required by it. “Any defiance or deviation thereof will create anarchy in the State and its fallout will be catastrophic in order to ensure that State does not lapse into such a situation”, court obsereved.
“Court has thus to take painful decision of punishing the violation of its orders. courts invoke contempt jurisdiction not of choice but by compulsion for maintaining the majesty of courts and of rule of law”, observes court.
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