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Government acting like a private party: Delhi High Court

Government acting like a private party: Delhi High Court

Written by Shaurya Mahajan

The Delhi High court in the case of Rakesh Kumar Dohare v. Ajay Kumar Bhalla and Ors. Said that the actions of the central government in the court do not resemble a ‘fair litigant’ but a private party. This was noted in a contempt case relating to non payment of benefits to Armed Forces personel. 

The bench comprising of Justice Subramonium Prasad made the comment while hearing a CRPF plea filed by a CRPF personnel posted in Chattisgarh. 

The petitioner contended that despite a high Court order being given in favor of him and 23 other personnel, they were not given incremental benefits by the respondents. 

During the haring, the government stated that the order had been complied with. The court mentioned that it was understood that if an order is given in favor of a person, then the government is expected to ensure the compliance of such order for all similar situated people, without arising the need for individuals to file a separate contempt petition in the courts. 

The High Court had on March 27, this year directed the respondents i.e., the Government to ensure the compliance of the order given on January 7, for all petitioners. 

The court further stated that if the order concerned was still not complied with for the rest of the petitioners, the officer concerned will be summoned to the court in the next hearing. 

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