J&K bureaucrat ordered to appear before court for defying decree

An Anantnag court has summoned a senior bureaucrat to appear before it in person for non-execution of its decrees, and also ordered attachment of his salary.

Tahir Khurshid Raina, Principal District Judge Anantnag, in his order last week, summoned the Irrigation and Flood Control department's commissioner secretary to personally appear before the court to explain why he should not be sent to civil prison for defying his orders.

The court also summoned the department's chief engineer, Kashmir, superintending engineer of Hydraulic Circle, and executive engineer of Flood Control, to appear before it on November 17.

During a hearing of a bunch of execution petitions, the court observed that "obtaining a decree is the easiest part of litigation, but its execution is the most difficult." Judge Raina emphasised that the judiciary, being "a sentinel on the qui vive", must ensure that the decrees of the courts get implemented in letter and spirit, and that decree-holders receive the lawful benefits of their claims adjudicated by this court.

Taking serious note of the non-execution of the court decrees over the past five years by the judgment debtors, the court also ordered attachment of their salaries.

It directed treasury officers to deposit the attached amounts with the court, excluding the subsistence allowances as fixed by the government.