Srinagar, April 26: In C.P./104/2023 (SRINAGAR) [ CONTEMPT ] In T.A./1009/2021 titled GHULAM UD DIN MALIK Vs MR GAZZANFER HUSSAIN after hearing CAT ordered as under:-
This instant contempt petition arises out of the judgment in T.A./1009/2021 dated 31-01-2022.
Non-compliance of the judgment necessitated filing of the instant CP.
Learned counsel for the petitioner submits that it is more than two years, the judgment has not been complied with in its letter and spirit.
Vide order dated 27-03-2024, Dr. Abid Rashid, the present incumbent of the Office of the Commissioner Secretary, Government Health and Medical Education, UT of J&K was arrayed as a party contemnor in the petition.
Notices were issued to the new incumbent, Commissioner Secretary through Mr. Bikram Deep Singh, DAG.
Today, the matter came up for consideration. Learned counsel for the petitioner vehemently argues that despite a lapse of two years, judgment has not been complied with.
This Court reiterates that delay in implementation of the judgments of the Court(s) would violate the fundamental right of the petitioner as speedy fructification and reaping the fruits of the judgment, is otherwise the right of the petitioner.
Learned counsel for the petitioner submits that justice delayed is justice denied. He submits that the respondents should have implemented the judgment passed by the Court in its letter and spirit in a time bound manner.
He further submits that delayed implementation of the judgment defeats otherwise the right of the petitioner earned out of a judgment, and thereby the lethargy and unnecessary delay makes the litigants to lose faith in this sacred institution.
Mr. Bikram Deep Singh, DAG submits that in the interest of justice, he be granted two weeks’ time to submit his compliance report.
In absence this Court would be compelled to initiate proceedings as are warranted in law.
List on 21-05-2024.
Registry to send copy of this order to Commissioner Secretary Health and Medical Education. Registry to ensure service of this order.
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