(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) After hearing the learned counsel for the parties and after going through the affidavit filed on behalf of the respondent, for the reasons disclosed in our order just passed in Misc. Civil Application No. 1108 of 2012, we direct the respondent to implement our order dated December 23, 2011 within fortnight from today. In default, the concerned Secretary, representing the respondent will remain personally present in the Court on 3rd May 2012.
We cannot lose sight of the fact that it is a case concerning the life and liberty of fifty-four ill-fated brave soldiers whose human rights are at stake for protecting the security of the motherland. We have already found gross inaction for more than forty years on the part of the respondent in protecting their fundamental rights in our judgment. In such a case, it was the duty of the respondent either to prefer appeal against our order immediately or to implement the same.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top