The Hindu : Tamil Nadu News : Government can't ignore court orders: Katju

Online edition of India's National Newspaper
Saturday, Dec 18, 2004

Tamil Nadu

Tamil Nadu

Government can't ignore court orders: Katju

By Our Staff Reporter

CHENNAI, DEC. 17. Irked at the State Government's failure to enforce an earlier order , the Chief Justice of the Madras High Court, Justice Markandey Katju, today said he would not tolerate non-compliance of any judicial orders.

Recalling his stand that the judiciary should act within its limits and that it should not interfere with the executive action, Mr. Justice Katju said it would be possible only if the executive promptly complied with court orders.

The matter related to an earlier order of the First Bench directing the State Government to write to the Dental Council of India for the creation of an additional seat in a Government dental college and accommodate a girl student, who could not get admission due to certain errors in the selection process.

When Nalini Chidambaram, counsel for the girl student, mentioned the delay in honouring the court order and sought leave to initiate contempt proceedings against officials concerned, Mr. Justice Katju said there was no need for any separate proceedings to get the order implemented. "If you (executive) are aggrieved by our orders, you can approach the Supreme Court, which can review or modify or set aside our orders if necessary. We are also human beings, and may have committed a mistake. But you cannot ignore our orders."

`Not proper'

If the executive fails to implement judicial orders, he said, it would lead to the collapse of democracy and the rule of law. "It is not proper."

Referring to a courtesy visit of the Chief Secretary shortly after he assumed charge, Mr. Justice Katju said he had asked her to tell the Chief Minister, Jayalalithaa, that the judiciary and the executive must have mutual respect, and that they should be aware of the duties and responsibilities towards each other. "Otherwise we may well close down the courts and go home," he said.

The Bench, comprising the Chief Justice and Justice N.V. Balasubramanian, then directed the Advocate-General, N.R. Chandran, to ensure that its earlier order was duly complied with by the Government.

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