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Synopsis

The Jammu & Kashmir and Ladakh High Court has underscored the significance of prompt compliance with court orders, stating that it is a crucial measure of a government's democratic commitment.

A bench comprising Justice Wasim Sadiq Nargal observed : “One of the measures to judge democratic commitment of any Government is the respect it accords to the orders of the Court. At the same time, the real majesty of the Court lies in its vibrant existence and effective functioning. Such vibrancy and effectiveness, in turn, would be achieved by ensuring due implementation and swift obedience of the judgments and orders of the Court. The speedy implementation of the orders of the Court is inextricably interwoven in the enforcement of rule of law. It is part of observance of rule of law.”

The court also highlighted that the government's failure to comply with court directions amounts to obstructing the course of justice and shakes public confidence in the administration of justice.

The court's observations came in a case where the government failed to comply with multiple court orders despite repeated warnings and imposition of costs. The case was initially filed in April 2023, and despite multiple adjournments granted to the government to file a response, there was no progress.

The court noted that “The casual, lethargic and insensitive approach on the part of the authorities towards the compliance of the orders and directions of the Courts cannot be tolerated,” expressing disappointment over the government's casual and lackadaisical approach.

Consequently, the court granted interim relief to the petitioners and ordered that a copy of the judgment be forwarded to the Chief Secretary and the Secretary of Law and Parliamentary Affairs of Jammu & Kashmir, directing them to ensure timely responses in future.

The case has been listed for further hearing on September 18, 2024.

 

Cause Title: Madan Lal & Ors Vs UT of J&K [WP(C) 1353/2023, CM (3250/2023]