The Supreme Court has castigated the Jammu and Kashmir government for failing to comply with a high court order on regularisation of daily wage workers, terming it a “glaring and textbook example of obstination”.

A bench of Justices Surya Kant and N. Kotiswar Singh said the inaction of Jammu and Kashmir officials with regard to the high court order passed in 2017 was “shocking and prima facie contemptuous”.

The apex court directed the high court “to take up the contempt proceedings on a weekly basis and ensure that the majesty and sanctity of law is well maintained”.

The top court passed the direction while dismissing an appeal filed by the Union
Territory of Jammu and Kashmir challenging an order of a division bench
of the high court on December 4, 2024, which had refused to interfere with the directive of a single judge in favour of the daily wage workers.

The apex court also refused to interfere with the ₹25,000 cost imposed by the high court division bench and observed that the officials ought to be “strictly” dealt with.

“At the very outset, we are constrained to observe that the present case is a glaring and textbook example of obstination exhibited by the state officials/authorities, who consider themselves to be above and beyond the reach of law. The inaction of
the officers of the petitioner — Union Territory — who took about 16 years to comply with a high court order passed on May 3, 2007, is shocking and prima facie contemptuous,” the apex court observed.

The top court also pointed out how the authorities kept on passing “cryptic orders” to harass the daily wage workers.

“However, what concerns us is not the delay of decades alone, but also the incontrovertible fact that the poor respondents, being daily wage workers, have been repeatedly harassed by the petitioners by passing cryptic orders, thereby overlooking the true import and spirit of the 2007 order,” the bench said.

The bench felt the high court imposing a “symbolic cost” did not warrant any
interference.

“We consider the instant case fit for imposing exemplary costs on the delinquent officers, besides also recommending strong disciplinary actions against them. However, we presently refrain from doing so, keeping in view the fact that the contempt proceedings are still pending before the learned single judge. We, consequently, request the learned single judge to take up the contempt proceedings on a weekly basis and ensure that majesty and sanctity of law is well maintained. The special leave petition is dismissed...,” the bench added.