Disobedience of judgment pollutes stream of justice: HC

 

Srinagar, Dec 27: Observing that constitution arms a person with a right to fight for his rights and also to fight against any discrimination, Jammu and Kashmir High Court has said that disobedience of the judgment has the trappings of shacking the confidence of public and has a clear effect of polluting the stream of justice
“When a person fights for his rights by having recourse to litigation and when he finally succeeds, he cannot be deprived of reaping the fruits of successful litigation,” a bench of Justice Mohammad Yaqoob Mir according to news agency GNS said and granted four weeks as last opportunity to the government to implement court’s judgment regarding pension benefits to employees of Jammu and Kashmir Industries Ltd.
“Up to the level of Apex Court, petitioners have defended their rights successfully but respondent authorities by one pretext or the other appear to be pre-determined in not implementing the judgment in its real spirit. Govt. order No.230-Ind of 2017 dated 26.09.2017, as shown to be issued in full compliance of the judgment, in effect, has the trappings of negating the implementation of the judgment in its real spirit,” the court said.
The court said disobedience of the judgment has the trappings of shacking the confidence of the rightful litigant public and has a clear effect of polluting the stream of justice. “The respondent authorities shall have to bear in mind that any course adopted for diluting the implementation of the judgment in its real spirit has dangerous consequences i.e. the authorities attempting to disobey the judgment perhaps are not conscious that they are doing it at their own peril.”
The court said that they were earlier cautioned that it may be too late for them to come out of the troubling situation but same word of caution has not been taken the way it should have been.
“The non-implementation of the judgment in its real spirit is quite apparent. I am inclined to frame rule against all the respondent authorities but before so doing, an opportunity is granted to the respondents to purge the contempt i.e. to implement the judgment in the manner it has been implemented in respect of first group of employees of the J&K Industries by issuing an order on the lines of Govt. Order No.219-Ind of 2002 dated 08.08.2002 and Govt. Order No.278-Ind of 2008 dated 30.10.2008. Same shall be done without any fail within a period of four weeks and compliance report be filed upto the next date,” the court said and ordered listing of the case on January 30. (GNS)