On Monday(8th April),The Karnataka High Court has taken suo motu cognizance of state authorities’ failure to comply with Contempt of Courts Act orders, expressing concern over their casual attitude.
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BENGALURU: On Monday(8th April), The Karnataka High Court has taken Suo motu cognizance of the failure of state authorities to act on orders passed under the Contempt of Courts Act. In a bench headed by Chief Justice NV Anjaria and Justice Krishna S Dixit, the court expressed its concern over the casual, lethargic, and insensitive approach of the authorities towards complying with court orders.
“The authorities’ casual, lethargic, and insensitive attitude towards complying with court orders and directives is unacceptable and must be addressed firmly. Just as delayed justice is denied, tardy compliance cannot be tolerated and should be seen as contempt of court, even if disguised or indirect.”
-the court stated.
The court emphasized that a government’s dedication to democracy can be measured by its adherence to court orders. Furthermore, it stressed that the courts’ true authority lies in their dynamic presence and efficient operation, which can only be attained through prompt obedience and execution of court rulings and directives.
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The non-compliance of court orders and directions shakes the confidence of the public in the administration of justice. The court observed that the government and semi-government authorities, as stakeholders in the administration of justice, often show a reluctance to implement court directions.
“The judgments and orders issued by the courts often remain unimplemented due to either negligence or bureaucratic obstacles. This situation is detrimental to the administration of justice and significantly undermines public trust in the judicial system.”
-the court remarked.
The court cited multiple instances of non-compliance during the past two weeks, where its directions were disregarded by the relevant authorities. It expressed its concern over the authorities’ failure to comply without any valid reasons.
Consequently, the court issued notices to the State of Karnataka and directed its Registrar General to obtain the list of all departments of the state government and arraign them as respondents. The court also extended the responsibility for compliance to semi-government authorities, statutory bodies, and corporations associated with the state.
As a result, notices were issued to Bengaluru Development Authority (BDA), Bruhat Bengaluru Mahanagara Palike (BBMP), and Karnataka Industrial Area Development Board (KIADB). Other corporations, semi-government bodies, and statutory bodies will be liable to be included as parties at a later stage.
The court posed a series of questions to the respondents, seeking clarification on the procedure for processing court orders, the existence of designated authorities for compliance, internal mechanisms for ensuring compliance, steps taken to monitor and effectuate court orders, and disciplinary measures against officers responsible for non-compliance.
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The court clarified that the proceedings were not intended to find fault but to streamline the procedure for complying with court orders and directions. It emphasized that the beneficiaries of such compliance are the litigants who rely on the courts to protect their rights and obligations.
“The beneficiaries are the litigants, who would benefit from the authorities’ prompt fulfillment of their constitutional duty to obey and implement court orders without undue delay. Failure to do so would prevent litigants from enjoying the outcomes of their legal battles that may have ended in their favor. Furthermore, court orders serve as the basis for the rights and obligations of the litigants.”
– the court stated.
The matter is scheduled to be heard further on June 5.
