Implement court orders to uphold dignity of law: CAT to Govt

Srinagar: Observing that a person approaches the court as “helpless”, the Central Administrative Tribunal (CAT) has held that an authority was bound to uphold the dignity of law by not evading court orders.

Hearing a contempt petition titled B K Toshkhani versus Dr Abhishek Gupta, a division bench of M S Latif Member (J) and Prasant Kumar Member (A) here observed that the authorities were asked to file a fresh reasoned and speaking compliance, which they have not done.

The court observed that the counsel representing the government was directed to pass a fresh order in consonance with the spirit and rule of law and accordingly, time was granted to him to pass a proper, reasoned, and speaking order, which had not been done.

“The law prescribes that reason is the heartbeat of every order, be it judicial, quasi-judicial or administrative,” it said.

The tribunal observed that a person approaches the court as “helpless”, who, given the conduct of the authorities, intentional or otherwise, is compelled to knock at the doors of justice.

“Therefore, what is expected of the respondent – contemnor is that, if the law permits him, he will definitely uphold the dignity of law as judicial orders cannot be allowed to be circumvented,” the court said.

Dismayed over defiance of its orders, the tribunal warned that it was not powerless to seek compliance with its judgments in terms of a prescribed procedure, which may even entail ordering warrants, bailable or non-bailable.

“What is expected of the respondent – contemnor is that, if the law permits him, he will definitely uphold the dignity of law as judicial orders cannot be allowed to be circumvented,” the court said.

While the tribunal directed the contemnor to comply with the direction passed by it in its letter and spirit by November 7, it, in the meantime, ordered the respondents to file a better affidavit indicating as to under what circumstance, the applicant was not entitled to his claim in keeping with the judgment passed by the tribunal.