This institution will not be browbeaten by any kind of tactic: Chief Justice Ashwani Kumar Mishra in Punjab DA case

This institution will not be browbeaten by any kind of tactic: Chief Justice Ashwani Kumar Mishra in Punjab DA case This court would be governed by the rule of law and this institution will not be browbeaten by any kind of tactics.

Key points

• While declining to hear the application in detail on Monday, adjourned the matter to September 10. © The Indian Express Pvt Ltd, the Bench.
• Chief Justice of the Punjab and Haryana High Court, Justice Ashwani Kumar Mishra.
• The Bench was hearing an application filed in LPA by Extra Chief Secretary, Administration of Punjab versus Nirmal Singh Dhanoa and others.
• The Division Bench comprising Chief Justice Mishra and Justice Rohit Kapoor additionally produced it clear that it would not be influenced by submissions from either side.
• The High Court had, in its August 3 order, directed Punjab to release up-to-date pending instalments of DA/DR to its employees and pensioners by August 31.

On the day he took oath as Chief Justice of the Punjab and Haryana High Court, Justice Ashwani Kumar Mishra Monday asserted that the HC would be guided by the rule of law and its oath to the Constitution, saying the institution would not be "browbeaten by any kind of tactics".

For context, the oral observations came during the hearing of an application seeking action against authorities for alleged willful disobedience and non-compliance with the HC's August 3 order directing the Punjab administration to release pending Dearness Allowance/Dearness Relief (DA/DR) instalments and arrears to its employees and pensioners.

"This court would be governed by the rule of law and this institution will not be browbeaten by any kind of tactics. So therefore, we will go strictly as per the law. We have taken the oath of the Constitution and we know how to preserve our oath and defend it." Chief Justice Mishra remarked.

Meanwhile, the Division Bench comprising Chief Justice Mishra and Justice Rohit Kapoor additionally produced it clear that it would not be influenced by submissions from either side.

"Either side, don't comment! You may have a lot of things to say or do, we will go by law. We have taken the oath of the Constitution, " Justice Mishra observed.

Meanwhile, the Bench was hearing an application filed in LPA by Extra Chief Secretary, Administration of Punjab versus Nirmal Singh Dhanoa and others.

For context, the applicants have additionally sought appropriate action against those allegedly attempting to scandalise and politicise, the August 3 order and thereby, according to the application, attempting to lower the authority of the HC.

During Monday's hearing, counsel for the applicants submitted that the state was not complying with the directions regarding release of DA/DR and arrears. It was further submitted that despite the court's direction against any unproductive expenditures such as large-scale advertising campaigns in print or social media until the dues were cleared, the state administration issued full-page on September 1.

Counsel for the applicants alleged that the state administration had spent Rs 340 crore on full-page issued on September 1, despite the court's direction against any unproductive expenditures such as large-scale advertising campaigns in print or social media, until the DA/DR dues were cleared.

At the outset, the Bench remarked it had not gone through the petition and indicated that the matter would be heard on September 10.

State counsel submitted that the application was not maintainable as the petitioner had already filed a contempt petition. He additionally submitted that the State administration had already filed a Special Leave Petition (SLP) before the Supreme Court against the August 3 judgment.

Counsel for the applicants, nevertheless, submitted that the state was adopting tactics to delay the matter, alleging that the SLP was lying in the objection/defective list and that the State had not removed the objections.

State counsel responded that the SLP had been filed and was in the defective list as per the procedure of the Supreme Court.

Meanwhile, the High Court had, in its August 3 order, directed Punjab to release up-to-date pending instalments of DA/DR to its employees and pensioners by August 31. It had additionally directed the State not to resort to unproductive expenditure such as large-scale advertising campaigns in print or social media until the dues were cleared.

In short, this institution will not be browbeaten by any kind of tactic: Chief is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.