M.Y.EQBAL,JAYA ROY - (1.) REFERENCE may be made to the order dated 13.3.2009, which reads as under "This is an application for initiation of contempt proceeding for the alleged Violation of the judgment and order dated 12.8.2008 passed in W.P.(PIL) No. 5256 of 2007. The order reads as under: - "This writ application has been filed by way of Public Interest Litigation for a direction to bring some of the areas like Jardih, Chandrapura, Dugda Nawadish and Kashmar Police Stations within the jurisdiction of 'Civil Court Bokaro after taking out from the jurisdiction of the Sub -Divisional Court of Bermo at Tenughat which is said to have situated relatively at the very longer distance. By subsequent affidavits however, it is stated that Kashmar Police Station is nearer to Tenughat than Bokaro. It is further contended to at since the social economic conditions of the litigants of this police station is very poor, it would be highly Improper to compel them to go before a court of law at Tenughat for the redressal of their grievances. After giving our conscious consideration, we dispose of this writ petition with a direction to the petitioner to file appropriate representation before the Home Secretary, Government of Jharkhand, Ranchi. If such representation is filed, the Home Secretary, Government of Jharkhand, Ranchi, in consultation with the High Court, shall take appropriate decision in accordance with law within a period of two weeks from the date of receipt/production of the copy of this order." Till date the order has not yet been complied with by the Respondents. It is only in January, a letter was issued by the Home Commissioner dated 29.1.2009 informing the Registrar General of this Court about the distance of Bokaro Civil Court and Bermo at Tenughat Civil Court from the different police stations. On 14.11.2008 and 27.11.2008 time was allowed at the request of the Counsel for the State for the compliance of the order but the same was not complied with. Again the case was listed on 4.12.2008 and this Court directed the Respondents to submit compliance report. The matter was listed again on 28.1 .2009 and at the request of Mr. R. Krishna, Sr. S.C. -I 10 days' peremptory time was allowed for filing compliance report but nothing has been done. It appears that the Respondents have taken the order and direction lightly and have no respect or regard of this Court. Hence, we direct the Home Commissioner to personally consult the Registrar General of this Court so that the order could be complied with within 10 days. Compliance report shall be submitted within the aforesaid time. Put up this case on 31st March 2009. Let it be clarified that if this time the order is not complied with, the Home Commissioner and the Registrar General, High Court of Jharkhand shall be held responsible for committing contempt of this Court. Let a copy of this order be handed over to Mr. R. Krishna, Sr. S.C. -I."
(2.) AFTER the aforesaid order was passed, the respondent -State filed an affidavit on 31.3.2009 stating inter alia, that in compliance of the aforesaid order respondent has sent a proposal to the State Government regarding the transfer of the relevant area/police station from the jurisdiction of Sub -Divisional Court at Tenughat to the jurisdiction of Bokaro Civil Court. It was stated on the basis of discussion. The issue was placed before the Advisory Board constituted after implementation of President's Rule. In the said affidavit, therefore, prayer was made for granting some time for compliance of the order passed in the writ petition. On the basis of aforesaid affidavit, the matter was adjourned. Again on 16.7.2009 another application was filed for extention of time for compliance of the order passed in the writ petition. It appears that even the time as prayed for has expired but till date no decision has been taken. It is very unfortunate state of affairs that orders and directions of the High Court are not being complied with by the machinery of the State Government.
(3.) MR . R. Krishna, Sr. S.C. -I prayed one week time to enable the respondents to take a final decision in the matter. As assured by the learned State counsel, let the matter be placed after ten days.;