High Court threatens contempt proceedings against Law Secy, Financial Commissioner

Ishfaq Tantry

Tribune News Service

Srinagar, November 26

The J&K High Court has directed the state government to release salary of the 38 presiding officers and the staff of the 38 newly created additional and special mobile magistrate courts.

The court has warned that if its orders are not complied with then it would view it as a “deliberate and intentional” violation of its orders and would initiate contempt proceedings against Commissioner Secretary, Finance, and the state Law Secretary.

The High Court had earlier on August 27 stayed a Cabinet decision regarding the abolition of 38 Additional Special Mobile Magistrate Courts and directed the government to release the salary of the presiding officers and the staff from next month onwards.

While announcing their closure, the government had said the courts were temporarily created to be coterminous with the period of the award of the 13th Finance Commission up to 31 August this year.

“The respondent state (is asked) to provide funds for disbursement of the salary in favour of the Presiding Officers and staff of the courts … for the months of October and November 2015. Respondents are further directed to release the amount for payment of salary to the said courts on a month-to-month basis,” a division bench of the High Court said in its orders made available today.

Stating that the state government was duty-bound to implement the aforesaid court order, the bench however made it clear that if the orders were not complied with then action in terms of the August 16 orders might be initiated.

The bench further said if again the fresh directions were not complied with by these officials then it would be inferred that the respondent officials had “deliberately and intentionally violated” the orders of the court and rules would be framed against them to show cause why they should not be punished for contempt of court.

Earlier on October 22, the High Court had delayed contempt proceedings against the state Law Secretary and Commissioner Secretary, Finance, after assurances by the advocate general that he would use his good offices for releasing the withheld salary of presiding officers and staff of the 38 newly created additional and special mobile magistrates.