Excelsior Correspondent
SRINAGAR, May 20: The High Court today in contempt proceedings sought personal appearance of Divisional Commissioner Kashmir and Additional Chief Secretary (ACS) Home Department after the Deputy Commissioner Kupwara stated that these officials are making hindrance in implementation of court directions.
Justice Sanjeev Kumar directed personal appearance of Divisional Commissioner Kashmir- P K Pole and Additional Chief Secretary Home department- R K Goyal in contempt proceedings after the DC Kupwara Imam-ud-Din stated before the court that these officials are creating deliberate hindrance in compliance of judgment passed 11 years ago.
The DC said that they are also required to be summoned to appear in person and show cause as to why the contempt proceedings be not initiated against them. The DC is already facing contempt of court for non-compliance of judgment. The court in its judgment besides other directions had directed the authorities to release and pay the money to the petitioners.
Justice Kumar after the statement of DC concerned made the Divisional Commissioner Kashmir and ACS Home Department as contemnors in the instant contempt proceedings and accordingly directed the Registry to issue notice to both the newly added respondents-contemnors.
Court directed them to show cause as to why the contempt of court proceedings be not initiated against them for causing hindrances in the implementation of the judgment in the year 2010.
Court also directed the then District Development Commissioner Kupwara to file his reply to the Robkar (contempt proceedings). He has also been directed to be present personally in the court in case the judgment is not complied with by the next date of hearing.
The DC Kupwara further added that he has taken all requisite steps within his power and had personally gone to the office of the Divisional Commissioner as well as Secretary Home to persuade them to release the requisite funds so that the judgment is complied with, but despite his persuasion, he has not received any positive response so far.
Court after perusal of the record noticed that there was no intention of respondent-contemnors to comply with the judgment as such issued notice to the then District Development Commissioner Kupwara, to show cause as to why the proceedings under the contempt of court are not initiated against him.
On March 22, 2022, the court noticed that reply to the show cause notice has not been filed by the contemnor District Development Commissioner Kupwara, and, accordingly, directed the Registrar Judicial to frame Robkar against him asking therein to show cause as to why he should not be punished for committing the contempt of this court by not implementing the judgment.
“The judgment passed by this court on 19th March, 2010, still awaits compliance by respondents. More than 11 years have passed and respondents are still playing the blame game. There is no dispute with regard to liability which the respondents owe towards the petitioners”, Justice Kumar recorded.
It may be mentioned here that 16 contractors approached the court in 2007 seeking release of admitted amount for construction of bunkers in far flung area of Tangdhar.
It was Rural Development Department which had issued NIT for construction of these bunkers to which petitioner contractors had responded and were found eligible in bidding process.
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