Ganderbal Court issues bailable warrants against top officers for defying its directions

Srinagar, June 23: A court in Ganderbal has issued bailable warrants against authorities for not complying with its order  relating to paying of land compensation to two land owners in central Kashmir’s district Ganderbal.

Court of Sub Judge Ganderbal, Fayaz Ahmad Quresh directed the DIG Central Kashmir to execute the warrants in the tune of Rs 50 thousand without failure against Commissioner Secretary Revenue, Commissioner Secretary R&B, Collector Land Acquisition Ganderbal, Tehsildar Lar, Chief Engineer R&B Kashmir, Executive Engineer R&B Division Ganderbal for not complying with its order relating to compensation to two land owners in Ganderbal.

The court directed the DIG Central to take the judgment debtors (authorities) into custody and produce them before the court, if they fail to furnish bail bonds as directed by  court.

In order to ensure that that judgment and decree was complied with, the court ordered that the concerned DDOs as well as the Treasury Officers not to release the salary of the authorities concerned till further orders or till judgment and decree is complied with so as to instill a sense of discipline for compliance with court orders.

“However, if in the meantime the judgment debtors comply with the judgment and decree passed by this court in letter and spirit they shall not be arrested and their salary, subject to an express order from this court, shall be detached,” the court said.

The court also ordered that a copy of order it passed be sent to the Chief Secretary for his information about the state of affairs within J&K where public servants, it said, are sitting over the judgments of the court.

The Court had passed a judgment and decree on October 31, 2022 whereby it held plaintiffs Noor Mohammad Gojar Chichi and   Ghulam Hassan Gojar Chichi, both residents of Chountwar Lar Ganderbal entitled to compensation for the quantum of the land acquired by the authorities  for construction of road  situated at Choutwaliwar Lar Ganderbal.

Moreover, the court had directed the authorities to make the assessment of the quantum of the land of both land owners and process the case for payment of compensation within two months from the date of judgment.

“The direction of all the defendants (authorities) was to comply with the judgment and decree within a period of two months but despite lapse of more than 8 months the judgment debtors are yet to comply with the judgment and they seem to fiddle with the legal process,” the court said.

The court passed the directions after it noted that “it appears as if the defendants have made a mockery of the justice and they have played with the judgment without any compliance from them”.

In an apparent upbraid, the court disapproved of a disregard to the judgment passed by it.   “The defendants might be under an impression that this judgment is merely a piece of paper which will be complied with by them at their sweet will and desire,” it said. “In a state/country governed by rule of law this approach cannot be tolerated”.

The court underscored that once a judgment has been passed, the defendants being public functionaries are under duty and responsibility to honour the judgment in letter and spirit unless stayed by the competent court. The same, it said, has not been done by the defendants.

The court noted that as public servants, the defendants were under legal, statutory and constitutional duty to uphold the law of the land and follow the direction of the court. “But they have failed and no sufficient reason has been given for non-compliance forcing the decree holders to move from pillar to post to seek execution of the judgment and decree passed in their favour”, it said.