_J&K High Court Slams Principal Secretary Home and Deputy Commissioner Baramulla for Willful Disobedience in Compensation Case_

SRINAGAR, AUGUST 20,NSR:

On August 13, Justice Rahul Bharti of the Jammu and Kashmir and Ladakh High Court slammed the Principal Secretary Home and Deputy Commissioner Baramulla for willful disobedience in a compensation case. The court’s order highlights the importance of complying with court judgments and the consequences of willful disobedience.

The case revolves around a compensation claim of Rs. 10 lacs awarded to a petitioner who suffered an amputation of his right arm in a cross-firing incident. Despite the court’s clear directives, the respondents failed to comply, leading to the filing of a contempt petition. The petitioner’s advocate, Mr. Riyaz Ahmad Khan, had filed the contempt petition against the officials for their failure to comply with the court’s orders.

During the hearing, the Deputy Advocate General, Mr. Hakim Aman Ali, submitted a brief note stating that the Division Bench judgment had been questioned in a Special Leave Petition (SLP) before the Hon’ble Supreme Court of India. However, the court noted that there was no update on the status of the SLP and proceeded with the contempt proceedings.

The court observed that the respondents’ actions demonstrated a clear disregard for the court’s orders and that the delay in compliance was "compounding the contempt”. The court noted that the respondents’ attempt to file a time-barred appeal and their failure to comply with the court’s directives even after the appeal was dismissed showed a "sorry state of affairs”.

The contempt petition was instituted on April 8, 2023, and despite multiple hearings, the respondents failed to comply with the court’s orders. The respondents filed a time-barred appeal, which was condoned by the Division Bench, but the appeal was ultimately dismissed on February 5, 2025. The Division Bench had directed the appellants to deposit Rs. 5 lacs within two weeks, which was not complied with initially, and the deposit was made only after repeated directions from the court.

The court imposed costs of Rs. 10,000 on the two officials, recoverable from their salaries, for their willful disobedience. The Drawing and Disbursing Officer of the Principal Secretary Government of UT, Home Department, and the Deputy Commissioner, Baramulla, shall deduct Rs. 5,000 each from the next month’s due salary of the two contemnors/respondents to be deposited with the Registrar Judicial Srinagar.

Next hearing in the case is listed for 01-09-2025