New Delhi: The Supreme Court on Thursday urged J&K High Court to defer contempt proceedings against top officers after the state assured that it would establish Degree College at Majalta in Udhampur within three months and making it functional by July.
Disposing of a special leave petition filed by the state government, a bench of Justices Kurian Joseph and Shiva Kirti Singh directed chief secretary to file an affidavit regarding the functioning of the college by July 15.
“In view of the fair stand now taken by the state, we request the High Court to defer the contempt proceedings,” the bench said and directed its Registry to list the case with ‘Office Report for Directions’ on 18 July along with the affidavit filed by the chief secretary.
The apex court passed the direction after the counsel appearing for the state submitted that the orders passed by the High Court will be complied with in letter and spirit by establishing the degree college at Majalta within three months and making it functional by July.
The High Court has passed directions in a contempt petition filed before it after the government failed to implement the statement made by the Advocate General in 2012 that a Degree College will be established.
The petitioner had submitted that despite the assurance given by the advocate general, recorded by the court in its September 11, 2012, order, neither the college was set up at Majalta nor any step has been taken in that direction.
The petitioner had contended that the noncompliance of the assurance was an act of wilful disobedience on part of the state functionaries and, as such, the concerned officers should be proceeded under contempt of court.
“The government must keep in mind that the statement made by the advocate general on behalf of the state is binding on it,” the High Court had said.