Mohammad Amin Rather & Ors vs Shaleena Kabba & Ors
2022 Latest Caselaw 624 j&K/2

                                                        S. No. 98
                                                        Supplementary List
     IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                            CCP(S) 100/2021
                             Cm 2456/2022

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

Through: Mr Irshad Ahmad, Advocate.

                                   Vs.
Shaleena Kabba & Ors.                                       ...Respondent(s)

Through: Ms Asifa Padroo, AAG.

CORAM:
 HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                ORDER

18.05.2022

It gives me immense pain to notice that a judgment passed by this Court on 23rd February, 2012, is still not implemented by the respondents. The statement of facts/compliance reports filed from time to time only exhibit the intention of respondents not to comply with the judgment of this Court. Instant case is a case of complete defiance by the respondents. The present incumbent Financial Commissioner, Home Mr Raj Kumar Goyal, was impleaded as party respondent and was asked to comply with the judgment. As is apparent from order dated 12th May, 2022, it was clearly provided that in case he does not comply with the judgment, he shall appear in person. He has, however, chosen to remain absent.

An application is moved on behalf of Mr Raj Kumar Goyal, Financial Commissioner (ACS), Home Department, seeking his exemption on the ground that he has an urgent security related meeting to be attended in the Ministry of Home Affairs, Government of India New Delhi, on 17th May, 2022, which is convened by the Ministry to review the security and other arrangements for Shri Amarnath Ji Yatra 2022. In the application, he has reiterated his resolve to comply with the judgment after the requisite formalities are completed. There is, however, nothing placed on record to indicate as to what steps have been taken by the Financial Commissioner, Home, towards implementation of the judgment.

Be that as it may. In view of the urgency pointed out by the Financial Commissioner, Home with regard to his attending meeting in Delhi on 17th May 2022, presence of the Home Commissioner for today is dispensed with. He shall, however, appear in person on 27th May, 2022, to answer the charge of contempt.

Needless to say, that in case the judgment is complied with in letter and spirit, he may not appear on the next date.

List on 27th May, 2022.

(SANJEEV KUMAR) JUDGE SRINAGAR 18.05.2022 Hilal Ahmad