CAT seeks explanation from SSP Kupwara over non-execution of bailable warrant

24/09/2026

Srinagar, Sep 23: The Central Administrative Tribunal, Srinagar Bench, has sought an explanation from the Senior Superintendent of Police (SSP), Kupwara, over the failure to execute a bailable warrant issued against the Chief Medical Officer (CMO), Kupwara, in a contempt petition arising from alleged non-compliance with an earlier tribunal order.
The order was passed on September 22 by a Bench comprising Member (A) Prasant Kumar and Member (J) M.S. Latif in C.P./71/2024, Mohammad Maqbool Malik vsAabid Rashid and others, arising out of O.A./716/2023. The applicant was represented by Advocate Shabir Ahmad Budoo, while the respondents were represented by DAGs RaisUd Din Ganaie and Syed Musaib.
The contempt petition arose from alleged non-compliance with an order dated September 11, 2023. The Tribunal noted that despite directions and opportunities, the respondents had not filed the required compliance statement. Subsequently, by an order dated February 9, 2026, the respondents were directed to release provisional pension in favour of the applicant within three weeks, failing which the CMO, Kupwara, was required to appear before the Tribunal.
When the matter came up on June 16, 2026, the Tribunal noted continued non-compliance and the absence of the CMO, Kupwara. It directed issuance of bailable warrants of Rs. 20,000 against the CMO, to be executed through the Process Serving Agency of the SSP, Kupwara. However, on September 22, neither the CMO nor any officer from the concerned section of the SSP's office was present to inform the Tribunal whether the warrant had been executed.
The Tribunal noted from the registry record that the warrant had been forwarded to the Process Serving Agency of the SSP, Kupwara, through speed post vide receipt No. EE944741495IN. It observed that the warrant "ought to have been executed promptly" by the SSP's office.
Referring to the Supreme Court judgment in Dr.Sarita Parikh and Another v. Union of India and Others, (2011) 15 SCC 420, the Tribunal observed that courts have the authority to ensure compliance with their orders and may require the presence of police authorities where necessary to secure compliance and fix accountability.
The Tribunal accordingly directed its Registry to once again forward the bailable warrant, along with copies of the June 16 order and the present order, to the SSP, Kupwara, through official email.
The SSP, Kupwara, has been directed to ensure execution of the warrant in accordance with law and furnish an explanation for the failure to execute it so far. The matter has been listed for further consideration on November 2, 2026.

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