Contempt is always between court and contemnor: CAT

Srinagar, Nov 19: Observing that contempt is always between the court and the contemnor, Central Administrative Tribunal (CAT) Srinagar directed J&K’s Commissioner Secretary Revenue to implement its judgment or “rule” would be framed against him.

“Before framing Rule against contemnor in accordance with law we deem it proper to provide a chance to the contemnor to comply with the directions passed by the Court (in order) dated February 6, 2023, in its letter and spirit,” a bench of M S Latif Member (J) and Prasant Kumar Member (A) said.
The order related to the disbursement of the amount that was due to the petitioner, who, his counsel said was admitted in Delhi Hospital for undergoing kidney transplantation procedure.

“The casual approach of the respondent contemnor only speaks about the casual and ordinary approach of the authority towards the judgment passed by the courts,” the court said. “Irresponsible behavior of the respondents has not only eroded the faith of the common people in this sacred institution which we call as courts of law and at times innocent people term them as small gods.”

The tribunal observed that it was concerned with the implementation of its orders and despite various opportunities and the statement made by the Assistant Commissioner, Revenue, Ganderbal the order of the court had not been complied with.
The court held that what was expected of the Commissioner Secretary to Government Revenue Department was to have complied with the order passed by the Court in its letter and spirit.

It noted that the presence or otherwise of the contemnor was not the sole concern of the tribunal.
“The foremost concern is compliance of the orders as the same would uphold the majesty of law, as there is nobody above law, whosoever it is,” the court said.
In absence of any order passed by the High Court on a petition challenging the Tribunal’s order, the tribunal rejected the government advocate’s submission that the petition was posted for November 20 and until then the compliance be deferred.

For this, the tribunal relied upon a Supreme Court judgment reported in (1998) Volume 8 SCC 640 titled Phunindre Singh and others versus K K Sethi and another.
The tribunal also said: “Section 17 of the Administrative Tribunal’s Act of 1985 specifically provides that the CAT shall have and exercise, the same, Jurisdiction, powers and authority in respect of its contempt as High Court has and may exercise the Provisions of the Contempt of the Courts Act, 1971.”

The tribunal held that in addition to this, Central Administrative Tribunal has also framed the “Contempt of Courts (CAT Rules of 1992), which provides the procedure for initiation of criminal contempt and suo-moto contempt proceedings respectively.”
Meanwhile, the tribunal directed its registry to serve a copy of the order to J&K’s Chief Secretary and listed the matter for further hearing on November 21, 2023.