ORDER

1. Taken on board.

2. We have heard Mr P.P. Rao, learned Senior Counsel for the petitioners and perused the record of the case. It appears that the Division Bench of the High Court felt that its orders are not being carried out and so it wanted the State Government either to comply with its orders or in case of noncompliance the Chief Secretary of the State to appear and explain the noncompliance. The Chief Secretary failed to appear on 17-3-2005 - the date appointed for the purpose.

3. On 17-3-2005 by the impugned order, the Division Bench has felt satisfied that prima facie a case for initiating contempt proceedings is made out and therefore directed notice to issue to the State of Jammu and Kashmir, Chief Secretary and Commissioner/Secretary, Power Development Department to show cause as to why they be not punished for contempt. The notice which has been issued by the High Court does not require personal appearance. Instead, it mentions that the alleged contemnors may appear in the Court in person or by duly authorised attorney or agent to answer all questions related to the case. The notice also requires the alleged contemnors to show cause as to why the contempt proceedings be not initiated.

4. We are of the opinion that the petitioners cannot have a cause for grievance persuading them to approach this Court.

5. We allow the petitioners herein the liberty of making an appearance either in person or through counsel, indeed as the notice dated 19-3-2005 itself permits and to satisfy the Court on the appointed date which is 7-42005 that there is no case for initiating or proceeding ahead with the contempt proceedings.

6. The learned counsel for the petitioners has assured on behalf of the petitioners that if the Court does not feel satisfied by the written explanation or by the explanation offered by the counsel appearing on behalf of the alleged contemnors and the Court feels that the alleged contemnors or any of them should offer an explanation in person, then the same shall be done through personal appearance of such officer as the Court may deem fit to direct and on such date, as may be appointed on 7-4-2005 for the purpose.

7. We make it clear that we have not expressed any opinion on the merits or otherwise of the proceedings so far held and the notice issued by the High Court.

8. The special leave petition stands disposed of in the above terms.

Court Masters