J&K and Ladakh High Court Rebukes Government for Ignoring Court Orders, Emphasizes Democratic Accountability

J&K and Ladakh High Court Rebukes Government for Ignoring Court Orders, Emphasizes Democratic Accountability

The Jammu & Kashmir and Ladakh High Court has emphasized the critical importance of adhering promptly to court orders, asserting that such compliance is a fundamental measure of a government's commitment to democracy.

A bench comprising Justice Wasim Sadiq Nargal observed : “One of the measures to judge democratic commitment of any Government is the respect it accords to the orders of the Court. At the same time, the real majesty of the Court lies in its vibrant existence and effective functioning.

Such vibrancy and effectiveness, in turn, would be achieved by ensuring due implementation and swift obedience of the judgments and orders of the Court. The speedy implementation of the orders of the Court is inextricably interwoven in the enforcement of rule of law. It is part of observance of rule of law.”

The court observed that the government's repeated failure to follow court directives not only hinders the course of justice but also erodes public confidence in the judicial system.

These remarks were made in a case where the government had disregarded multiple court orders, despite several warnings and the imposition of costs.

The case, initiated in April 2023, saw little progress as the government repeatedly failed to file a response, leading the court to grant interim relief to the petitioners.

The court noted that “The casual, lethargic and insensitive approach on the part of the authorities towards the compliance of the orders and directions of the Courts cannot be tolerated,” expressing disappointment over the government's casual and lackadaisical approach.

The court has directed that a copy of the judgment be sent to the Chief Secretary and the Secretary of Law and Parliamentary Affairs of Jammu & Kashmir, instructing them to ensure timely compliance in the future.

 

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