Govt apathy in implementing court orders blamed for increase in contempt petitions

Observing that Government officials invariably sleep over court orders like Rip Van Winkle and neglect to comply with them, Justice N Kirubakaran said, “This case would demonstrate how court orders are given with scant respect and they remain paper orders. Though this court is the highest court of the State, officials are very slow in implementing orders passed by this court. If that is so, what would happen to the orders passed by subordinate courts? They neither implement the orders nor challenge the orders before the appellate court in time.” 

Noting that the lethargic attitude of officials only makes poor litigants again approach this court by way of contempt petitions for implementing the court orders, as if this court is the executing court, Justice Kirubakaran said, “Wanton failure/wilful negligence of the officials in complying with court orders floods it with many contempt applications.” 

Also, listing out the number of contempt petitions filed before MHC from 2000 onwards which ranges from 807 and has been rapidly increasing to 2,834 cases in 2015, 3,132 cases in 2016, 2345 cases in 2017 and 1081 in 2018 (as on date), the judge said, “If this trend is allowed to continue, people will lose faith in the system which is no good for justice delivery system as well as for the democracy.” 

As per the case, based on a controversy over two-year BEd courses and one-year BEd courses, the court had directed the Teachers Recruitment Board to call the petitioners for counselling for the respective subjects for direct recruitment of Post Graduate Assistants for 2016-17.