Show cause notice to SSP, others

Excelsior Correspondent
Srinagar, Nov 15: The High Court today issued a show cause notice to higher officials in the Police department explaining why action should not be initiated against them for violating the court judgment.
Justice Sanjay Dhar directed the Registry to issue show cause notice to SSP Srinagar and other asking them as to why rule should not be framed against them and why they should not be proceeded against in accordance with the provision of the Contempt of Courts Act for violating the judgment passed in the 2017.
The writ court while allowing the petition of one Hidayat Ali challenging his order of termination had set aside the decision of authorities for treating the absence of petitioner as on leave without pay and had directed the said period in terms of Regulation 108-B of J&K CSR shall be treated as on duty with the further directions to Respondent to work out the consequential benefits as shall be due to the petitioner and same shall be paid to him with promptitude.
Since the said directions were not implemented by the police authorities which compelled the petitioner to file the instant contempt petition. Statement of facts filed by the department revealed that the Senior Superintendent of Police, Srinagar, in pursuance of the judgment of the Writ Court has initiated the process of implementation of the aforesaid judgment and order.
It has been submitted that a reminder has also been sent by SSP Srinagar to the Police Headquarter in terms of communication dated 19.12.2019. Several other communications are also stated to have been exchanged between SSP Srinagar and Police Headquarter, J&K, on the issue but till date no directions are stated to have been received from the Police Headquarter, J&K.
“Besides giving the above factual aspects, the officials in the statement of facts, tried to pick holes in the contempt petition and the conduct of the petitioner by stating that there is some spelling mistake in the name of Principal Secretary to Home Department and that the designation of SSP Srinagar has not been correctly shown,” Justice Sanjay Dhar said
It is further added in the order that SSP Srinagar has gone on to lay blame with regard to non-implementation of the judgment of the Writ Court upon petitioner himself by stating that he did not choose to approach the department in terms of order dated 11.09.2020 passed in the earlier contempt petition.
“The record shows that so far the matter regarding implementation of the order of Writ Court has remained confined to offices of SSP Srinagar and other only. Therefore, for the present, it is directed that a show cause notice be issued to the respondents No.2 and 3 asking them to show cause as to why rule should not be framed against them and why they should not be proceeded against in accordance with the provisions of the Contempt of Courts Act”, Justice Dhar directed.
A perusal of the record and the minutes of the proceedings, Court said, reveals that the approach adopted by the respondents in this case, prima facie, appears to be defiant and contumacious. The petitioner, court added, has been made to run from pillar to post for implementation of Writ Court judgment passed on 10.08.2017. “The respondents have not been asked to shower fortunes upon the petitioner but they have only been asked to treat the petitioner’s period of absence on duty and work out the consequential benefits and pay the same to the petitioner”, Court recorded.
Court observed that if implementation of such an order which does not involve any huge financial implication would take more than four years, then there is either something terribly wrong with the functioning of offices of the respondents or the incumbents of these offices have no regard for the rule of law and the orders of the Court.