CAT warns against defiance of its orders

Srinagar, Dec 1: The Central Administrative Tribunal (CAT) has warned against the authorities’ casual approach to comply with its orders, saying the same was a matter of concern for the Bench and the Bar.

“We are also at pains to observe that every order of the court is accompanied by a contempt petition, as the orders of the courts are being taken casually, which is a matter of grave concern for both the Bench and the Bar,” a division bench of M S Latif, Member (J), and Prasant Kumar, Member (A), said.

Hearing a contempt plea seeking implementation of its judgment dated April 27, 2022, the tribunal observed that the “court orders are to be complied with grace as law always commands so”.

It noted that coercive measure is adopted only when the orders of the courts are not complied with in letter and spirit.

“This Tribunal is not powerless to initiate proceedings in terms of section 17 of Administrative Tribunal Act, 1985 which mandates that the tribunal will have the same jurisdiction, power and authority while dealing with the contempt petitions as that of the High Court and the tribunal may, for this purpose, exercise the provisions of contempt of Courts Act 1971 as well, read with the Contempt of Courts (CAT) Rules, 1992, which prescribes the procedure for initiation of contempt proceedings,” the tribunal said.

The tribunal’s direction came in response to the submission by counsel for the petitioner that the judgment of the tribunal had been confirmed by the High Court and upheld by the Supreme Court.

However, the counsel submitted that the Additional Secretary to Government, Home Department had the cheeks to submit such an affidavit, which, he said, amounted to contempt of the court.

“(It) may even amount to criminal contempt, for which he (officer) deserves to be dealt with separately by the law,” he said.

The tribunal observed that it did not feel happy in calling the officers, high or low, in the court as they were more required in public to mitigate their sufferings rather than be present before the court. “However, it seems that the authorities concerned are taking these observations casually,” it said.

The tribunal said that the judicial orders could not be allowed to be circumvented, observing, “The Supreme Court has held that disobedience of the orders of the courts strikes at the very rule of law, which erodes the faith of common people in this temple of justice.”

Meanwhile, the tribunal granted three weeks further time for compliance with the judgment following a submission by the government advocate for the same.

It also directed Additional Secretary Home, Qazi Irfan to remain present in person before the court at 4 pm after discharging his public duty on December 21 to explain how he had filed an irresponsible affidavit.

The tribunal said that the officer would also assist the court in seeking compliance with the judgment dated April 27, 2022, which was upheld by the apex court of the country.

The court said that ultimately the presence of the officer would help in expeditious disposal of the contempt petition.

The court directed its registry to send a copy of its order to the Chief Secretary of J&K.