Srinagar, August 5, KDC: Taking a tough stance against “continuous disobedience” and “deliberate foot-dragging,” the Central Administrative Tribunal (CAT) Srinagar Bench has issued non-bailable warrants against the Vice Chancellor and Registrar of the Islamic University of Science and Technology (IUST), Awantipora, directing the police to produce them before the court on August 6.
A Division Bench comprising Judicial Member M. S. Latif and Administrative Member Prasant Kumar issued the directions in a contempt petition filed by Dr. Sheikh Mohd Imran. The Tribunal directed the Senior Superintendent of Police (SSP), Police District Awantipora, to execute the non-bailable arrest warrants against IUST Vice Chancellor Prof. Shakil Ahmad Romshoo and Registrar Prof. Shamim Ahmad Shah without fail and produce them before the court at 11:30 AM on August 6.
The order came after the University officials failed to appear in person on August 4 at 11:00 AM, despite explicit directions passed a day earlier. When the matter was taken up, Deputy Advocate General Syed Musaib submitted exemption applications on behalf of the two officials, citing administrative constraints.
Dismissing the exemption applications, the Bench observed that the grounds presented were not bona fide and appeared to be a ploy to protract compliance.
The Court noted that despite being given options to appear virtually, followed by bailable warrants, the contemnors continuously chose not to comply with judicial directions.
The Tribunal further noted that although the contemnors had approached the High Court of J&K and Ladakh through two separate writ petitions, the deferment granted on personal presence had expired, requiring strict adherence to court orders.
Deprecating the attitude of the top university functionaries, the Bench remarked that courts ordinarily adopt a lenient approach regarding procedural delays, but the contemnors’ conduct struck at the very heart of judicial authority.
“What appears from the continuous conduct of the respondents/contemnors is that they only want to delay compliance… as they have adopted a policy of deliberate foot-dragging. The attitude, if not taken care of with heavy hands of law, will certainly diminish public trust and confidence in the judicial system,” the Bench observed.
Highlighting its statutory powers under Section 17 of the Administrative Tribunals Act, 1985, read with Rule 9 of the Contempt of Courts (CAT) Rules, 1992, the Tribunal stressed its duty to safeguard the majesty of law regardless of status.
Citing the Supreme Court ruling in Delhi Development Authority v. Skipper Construction Company, the Court, according to news agency Kashmir Dot Com, said that a contemnor cannot be allowed to enjoy the fruits of delayed compliance or indefinitely stall enforcement.
“Disregarding a court’s order may seem bold, but the shadows of its consequences are long and cold,” the Bench held while ordering the issuance of non-bailable warrants.
Senior Counsel Showkat Ahmad Makroo along with Advocates Irfaan Rasool and Rahil Noor appeared for the applicant, while DAG Syed Musaib represented the respondents. (KDC)
