Jammu & Kashmir High Court - Srinagar Bench
Mrs Nowshaba Rashid vs Mr Pawan Kotwal & Anr on 11 October, 2021
Serial No. 12
Regular Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CPSW No. 564/2017
Mrs Nowshaba Rashid.
..... Petitioner(s)
Through: -
Mr Altaf Haqani, Senior Advocate with
Mr Shaqir Haqani, Advocate.
V/s
Mr Pawan Kotwal & Anr.
..... Respondent(s)
Through: -
Mr Shah Aamir, AAG.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
11.10.2021
On 20th November, 2020, the Financial Commissioner, Health and
Medical Education Department was present before the Court through virtual
mode and had undertaken to submit the compliance of the judgment in three
months and with that assurance, consideration to the contempt petition was
deferred with direction to the respondents to ensure implementation of the
judgment dated 11th March, 2016 in letter and spirit, without compelling the
Court to adhere to the coercive methods. Order being relevant is extracted;
"Need for asking the Financial Commissioner, Heath and
Medical Education Department, to appear in person, had arisen on
noticing the delay in implementation of the Judgment passed by the
writ Court on 11.03.2016, in SWP No. 1021/2013 titled Dr. (Mrs.)
Nowshaba Rashid Vs. State and Ors. Further noticing that the
contempt petition is also on the board for the last about four years,
without showing any results.
Mr. Atul Duloo, Financial Commissioner, Heath and Medical
Education Department present in the Court by virtual mode, submits
that due to non-availability of requisitioned papers by the
Empowered Committee, the matter got delayed, as such, the
implementation has remained pending. The officer present in the
Court, submits that there is no deliberate and intentional delay in
implementation of the Judgment of this Court, but same is due to
some administrative reasons, as explained in the status reports filed
from time to time and examined by this Court. He further submits
that the matter will be taken up back with the Empowered Committee,
apprising them the reasons for non-availability of the papers as also
to bring into the notice of Empowered Committee the observations
made by this Court. He seeks further three months' time to ensure
implementation of the Judgment. During interaction, the officer
present in the Court made reference to the repealment of special
provisions of Act of 2010, and wanted to apprise the Empowered
Committee about the same. The Court made it clear to the officer
that notwithstanding the repealment of special provisions of Act of
2010, the Judgment passed by this Court will not become
unenforceable under law as the repealment has prospective effect
and the case of the petitioner will be considered in accordance with
special provisions of the Act of 2010, and in terms of the Judgment
passed by the writ Court on 11.03.2016.
In view of above, further consideration in the contempt
petition is deferred for three months with direction to the
respondents to ensure implementation of the Judgment dated
11.03.2016 in letter and spirit without compelling the Court to
adhere to the coercive method. Before the next date of hearing, the
respondents shall file compliance with copy in advance to other side.
List on 24.02.2021.
Copy of the order be provided to learned appearing counsel
for the parties under the seal and signature of the Bench Secretary
today itself.
The contempt petition by inadvertence got transferred to the Central
Administrative Tribunal Bench, Jammu and subsequently recalled, therefore,
there is some delay in considering the matter.
Mr Shah Aamir, learned AAG submits that Additional Chief Secretary,
Health and Medical Education Department has recently taken over the charge,
therefore, prays for some time to update the status. Let the needful be done by
or before next date of hearing.
List on 1st November 2021, in the Daily Supplementary Cause List.
(Ali Mohammad Magrey)
Judge
SRINAGAR:
11.10.2021
"Hamid"
ABDUL HAMID BHAT
2021.10.11 14:59
I attest to the accuracy and
integrity of this document
