Fayaz Bukhari
SRINAGAR, Aug 24: The High Court today directed the State Human Rights Commission not to proceed ahead in the suo moto proceedings on Government order restricting lavish spending on wedding ceremonies.
The Division Bench of Chief Justice Baddar Durez Ahmad and Justice M K Hanjura while hearing a petition filed by the Government through Commissioner/ Secretary CA&PD directed the Commission (SHRC) to refrain from taking any further steps in the matter.
Government sought the orders passed by the Commission on 18.5.2017 and 31.7.2017 along with the proceedings before the Commission be quashed.
Court has issued notice to Chairman and Secretary of the Commission for filing of objections by or before September 18 to the contention of Government raised in the petition.
“In the meanwhile, no further steps be taken before the J&K SHRC with regard to the subject matter of the present writ petition. Re-notify on 18.9.2017”, DB directed.
SHRC declared Government order banning big fat weddings ‘illegal’ and recommended authorities not to take any action against those who violate ban order
Commission while taking suo-moto proceedings into the matter termed that any order passed by public servant without authority of law as human rights violation, declared a Government order, putting bar on abundant spending on wedding and other social functions, as “illegal”.
The order (37-FCS & CA of 2017) was issued by February 20 this year, restricting the number of dishes to be served to seven, besides putting a cap on the number of guests that can be invited to these gatherings.
The order was issued by the Secretary, Consumer Affairs Department and Deputy Commissioners of all the districts of the State were directed to implement these restrictions strictly from April 1, 2017.
The chairperson of Commission recommended authorities not to take any action for violation of the order imposition of restriction on injudicious use of essential commodities in social, Government and private functions.
Commission while putting halt on the Government order said the same is illegal as the Government has merely stated provisions of the law with respect to implementation but does not refer in its order, the source of power under which such order has been passed.
“Any order passed without authority of law by a public servant in my view would amount to violation of human rights,” chairman of SHRC, Justice (Retd) Bilal Nazki said while hearing a suo-moto case titled ‘Imposition of Restriction on Injudicious use of essential commodities in social, Government and private functions’.
Apart from lavish spending on wedding ceremonies and other functions the order had placed a complete ban on sending dry fruits, sweet packets etc with invitation cards by any person to relatives, friends, guests and invitees.
Ban was also imposed on use of amplifiers, loud speakers and fire crackers in any Government or private social function, which create sound beyond human capacity of hearing.
The number of guests on marriage of daughter as well as son and small functions were restricted by the said order to maximum of 500, 400 and 100 respectively. Dishes (non-vegetarian and vegetarian) were also restricted to seven in terms of the said Government order.
Government in terms of the ban order had also ordered that there should be no wastage of any sort of food items viz uncooked or cooked during such functions.
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