Mohammad Amin Rather And Ors vs Shaleen Kabra And Ors
2022 Latest Caselaw 585 j&K/2

                                                                 S. No. 1
                                                                 Regular List
           IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                              AT SRINAGAR

                                    CCP(S) No. 100/2021

   Mohammad Amin Rather and Ors.                                     ...Petitioner(s)

   Through: Mr. Irshad Ahmad, Adv.

                                            Vs.

   Shaleen Kabra and Ors.                                          ...Respondent(s)

   Through: Ms Asifa Padroo, AAG.

   CORAM:
                 HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE

                                        ORDER

12.05.2022

The Judgment passed by this Court on 23rd February, 2012, still awaits compliance by the respondents. This contempt petition is also pending since the year 2021 and this is second contempt petition. Even the incumbent Commissioner Secretary to the Government, Home Department, has been transferred several times.

On 17th April, 2022, on the request of Ms Asifa Padrooa, four weeks' time was granted to comply with the Judgment making it clear that in case the Judgment was not complied with, the respondent shall appear in person before the Court on the next date of hearing. Today neither the compliance of the Judgment is reported nor respondents have come present in compliance to the Order of this Court dated 7th April, 2022.

The Financial Commissioner (ACS), Home Department, J&K, has filed application seeking extension of time not to file the compliance but for filing response in the matter. From the application, it appears that respondent Home Secretary has no intention to comply with the Judgment. The application moved lacks bonafides and the same is, therefore, rejected.

Let Mr. R.K.Goyal, Financial Commissioner (ACS), Home Department, J&K, appear in person before the Court on the next date of hearing and explain his conduct. However, if the Judgment is complied with, he need not appear in person.

List on 18th May, 2022.

(SANJEEV KUMAR) JUDGE SRINAGAR 12.05.2022 "Shamim Dar"