It must be kept in mind that the Court’s order is passed not just to be served aside or ignored or to be thrown to the dustbin, Manipal High Court has observed in a petition praying for a direction to the Government to implement the order passed by the erstwhile Imphal Bench of the Gauhati High Court, about two decades ago.
The petitioner had donated a piece of homestead land for establishment of one Lower Primary School on a condition that one of his sons will be given appointment to the post of Assistant Teacher or Clerk in the said school. Aggrieved by the authorities who did not consider his application, he approached Imphal Bench of the Gauhati High Court in 1994, which, ordered the authorities to re-consider the application favourably within a period of 3 months. With the said order, when petitioner approached the authorities, they promised that his son’s appointment will be considered as and when vacancy arises. The same promise was constantly given whenever the petitioner met the authorities concerned. The order has not been implemented till today.
NON FILING OF CONTEMPT PETITION IS NOT AN EXCUSE TO DISOBEY COURT ORDERS
Rejecting the contention of the state that since the petitioner did not file contempt petition during the time permissible, he has no means available for implementation of the order, Justice S. Serto said:
“It was only when his voice for justice was ignored, he came to the High Court in 1994 and the order sought to be implemented was passed. It would be travesty of justice if the respondents were to be allowed to take shelter under the plea that since contempt petition has not been filed, the petitioner has no more means available for having the order dated 07.08.1996 passed by the erstwhile Imphal Bench of the Gauhati High Court implemented, especially when, they are duty bound to implement the same, irrespective of whether contempt petition was filed or not”
DISOBEYING COURT ORDERS LEADS TO ANARCHY
The court asked the Government to again consider favourably the case of the petitioner, and said:
“It must not be forgotten that in whatever system or form of Government where Court’s orders have not been honoured and obeyed it has led to loss of faith of the people in the system. The consequence is anarchy, more so where democratic form of Government exists. Those who are in position must remember that in most cases, orders are passed by the Courts when people come and knock the door of justice as a last resort.”
Read the Order Here