High Court contempt notice to 3 officers over ‘defiance’

Srinagar, Dec 13: The High Court of J&K and Ladakh has asked three officers to show cause why contempt proceedings should not be initiated against them for “deliberate and willful” non-compliance with its directions in a case related to a contract work.

In response to a contempt plea, Justice Wasim Sadiq Nargal observed that despite repeated chances, the Executive Engineer, Irrigation Division, Shopian, Parvaiz Ahmad Naik and the law officers, Muneer Ul Haq and M Wani, had neither implemented the court’s judgment dated July 21, 2022, nor filed compliance reports as directed in multiple orders.

The Court noted that in its order dated March 18 this year, it had clearly stated that the issue related solely to the implementation of its earlier judgment, and not to the internal liability or hierarchy among the officers.

After the previous compliance was rejected, the officials were substituted as party-respondents and granted a “last and final” three-week deadline to file a fresh compliance report.

However, when the matter was subsequently listed on 9 September and later on 11 September this year, it emerged that the directions remained unimplemented, the court said.

The court said that the senior law officers and the Executive Engineer, Irrigation Division Shopian, appeared and were reminded of the obligation to comply with the court’s 2022 order.

The Court observed that despite “magnanimity” shown by the Court in granting additional opportunities, the officers neither filed compliance nor appeared personally as required.

Instead, they moved an application seeking exemption from appearance and extension of time, which the Court found meritless.

The officers have prima facie acted in a deliberate, willful and contemptuous manner, the court said.

The court held that a case for initiating contempt proceedings was made out against the trio and directed its Registry to frame Robkar (Rule) against them and issue show cause notices to them as to why contempt action should not follow.