The Bench was reviewing a contempt petition regarding the failure to comply with its August 2023 order, which had required several bureaucrats to appear.
Disregard for Orders
The Jammu and Kashmir High Court has expressed severe dissatisfaction with the Union Territory administration’s blatant disregard for its orders. The court criticized the administration’s apparent indifference and warned that it might have to take “firm measures” to ensure compliance with its directives. This stern warning underscores the court’s frustration with what it perceives as a lack of seriousness and respect for judicial authority.
Court Directs Key Officials to Appear
In a Monday order, a Division Bench consisting of Justices Atul Sreedharan and Javed Iqbal Wani mandated that several top officials—Chief Secretary Atal Dulloo, Principal Secretary Finance Santosh D. Vaidya, Secretary of the General Administration Department Sanjeev Verma, and Secretary of Public Works Department (Roads and Bridges) Bhupinder Kumar—appear in court for a hearing scheduled on Thursday. This order was issued after two of these officials failed to appear at a previous contempt hearing, which fueled the court’s dissatisfaction.
Warning of Coercive Measure
The court made it clear that any further failure to comply with the appearance directive would result in coercive measures to ensure that the officials attend the court session. To formalize this, the court instructed that a copy of the order be delivered to the Advocate General’s office, signed by the Bench Secretary. This step is intended to underscore the seriousness of the court’s stance and ensure that there is no ambiguity about the consequences of non-compliance.
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Contempt Petition Details
The contempt petition being reviewed by the court pertains to the administration’s failure to comply with an order issued in August 2023. This order had directed that higher pay scales be granted to chief engineers and other senior engineers without delay. The administration’s failure to act on this order prompted the court to take action, as the non-compliance undermined the court’s authority and the implementation of its orders.
Hearing Disruptions
During the Monday morning hearing, the court had instructed the key officials to join the session via video link that afternoon. While the Finance Secretary and the Public Works Secretary complied, the General Administration Secretary was reported to be on leave, and the Chief Secretary encountered connectivity issues. However, as the hearing progressed, Law Secretary Achal Sethi reported that the Chief Secretary was occupied with another meeting, which aggravated the court’s frustration. This situation led the Bench to question the accuracy and honesty of the explanations provided by the officials and their representatives.
Supreme Court Petition Issues
The situation further deteriorated when it emerged that the state government had filed a Special Leave Petition (SLP) with the Supreme Court challenging the August order only in June, nearly ten months after the order was issued. Principal Secretary Finance explained that the petition was approved only in February, but this did not address the court’s concerns about the delay. Furthermore, the Bench discovered that the SLP contained several unresolved defects, which further compounded the court’s displeasure.
Court’s Strong Reprimand
The Bench expressed strong disapproval of the Union Territory Government’s handling of the situation, indicating that the government’s behavior demonstrated a profound lack of commitment to complying with court orders. The court characterized the state of affairs as a “sorry state” of judicial respect and administration. The court’s remarks reflected deep frustration with the executive’s apparent disregard for judicial proceedings. The court emphasized that it would not hesitate to implement “precipitate measures” to restore order and enforce compliance, making it clear that adherence to court orders is mandatory and that failure to comply will result in significant legal consequences.
