Jammu & Kashmir High Court - Srinagar BenchMrs. Nowshaba Rashid vs Mr. Pawan Kotwal And Anr on 20 November, 2020Author:Ali Mohammad MagreyBench:Ali Mohammad MagreyAfter notice VC\n  Sr. No. 267\n\n                IN THE HIGH COURT OF JAMMU AND KASHMIR AT\n                                 SRINAGAR\n\n                                 CPSW No. 564/2017\n\n     Mrs. Nowshaba Rashid\n                                                                ... Petitioner(s)\n\n                                     Through: -    Mr. Altaf Haqani, Advocate\n                           V/s\n     Mr. Pawan Kotwal and Anr.\n                                                                ... Respondent(s)\n\n                                     Through: Mr. Shah Aamir, AAG with Ms.\n                                              Sharaf Wani, Assisting counsel\n\n\n            Hon'ble Mr Justice Ali Mohammad Magrey, Judge\n                                     ORDER20.11.2020\n\n            Need for asking the Financial Commissioner, Heath and Medical\n\n     Education Department, to appear in person, had arisen on noticing the delay\n\n     in implementation of the Judgment passed by the writ Court on 11.03.2016,\n\n     in SWP No. 1021/2013 titled Dr. (Mrs.) Nowshaba Rashid Vs. State and\n\n     Ors. Further noticing that the contempt petition is also on the board for the\n\n     last about four years, without showing any results.Mr. Atul Duloo, Financial Commissioner, Heath and Medical\n\n     Education Department present in the Court by virtual mode, submits that due\n\n     to non-availability of requisitioned papers by the Empowered Committee,\n\n     the matter got delayed, as such, the implementation has remained pending.\n\n     The officer present in the Court, submits that there is no deliberate and\n\n     intentional delay in implementation of the Judgment of this Court, but same\n\n     is due to some administrative reasons, as explained in the status reports filed\n\n     from time to time and examined by this Court. He further submits that the\n\n     matter will be taken up back with the Empowered Committee, apprising\n            them the reasons for non-availability of the papers as also to bring into the\n\n           notice of Empowered Committee the observations made by this Court. He\n\n           seeks further three months' time to ensure implementation of the Judgment.\n\n           During interaction, the officer present in the Court made reference to the\n\n           repealment of special provisions of Act of 2010, and wanted to apprise the\n\n           Empowered Committee about the same. The Court made it clear to the\n\n           officer that notwithstanding the repealment of special provisions of Act of\n\n           2010, the Judgment passed by this Court will not become unenforceable\n\n           under law as the repealment has prospective effect and the case of the\n\n           petitioner will be considered in accordance with special provisions of the\n\n           Act of 2010, and in terms of the Judgment passed by the writ Court on\n\n           11.03.2016.In view of above, further consideration in the contempt petition is\n\n           deferred for three months with direction to the respondents to ensure\n\n           implementation of the Judgment dated 11.03.2016 in letter and spirit without\n\n           compelling the Court to adhere to the coercive method. Before the next date\n\n           of hearing, the respondents shall file compliance with copy in advance to\n\n           other side.List on 24.02.2021.Copy of the order be provided to learned appearing counsel for the\n\n           parties under the seal and signature of the Bench Secretary today itself.(Ali Mohammad Magrey)\n                                                                   Judge\n              Srinagar\n              20.11.2020\n            Mohammad Yasin DarMOHAMMAD YASIN DAR2020.11.19 23:18I attest to the accuracy andintegrity of this document