Stating that a proper disbursal of adequate nourishment is a pertinent welfare function of the State, the Delhi High Court has said it "hopes and trusts" that the city government will implement the National Food Security Act, 2013 (NFSA) in its true letter and spirit.
A bench headed by Chief Justice Satish Chandra Sharma said the Act is a welfare legislation to provide affordable and adequate food to the beneficiaries and should be implemented with utmost thoroughness.
The court's observation came on a contempt petition filed by Delhi Rozi Roti Adhikar Abhiyan in relation to an order passed on a PIL concerning the disbursal of foodgrains to the eligible beneficiaries under the NFSA, without requiring the production of Aadhaar or undergoing its authentication.
The NGO alleged that the authorities in Delhi were in "wilful non-compliance" of a 2017 court order that had asked the city government to file a status report on the steps taken by it in relation to the implementation of the Act.
The court said on several occasions, it expressed its dissatisfaction over the manner in which the authorities were proceeding as regards compliance with the matter, but there was no case of a contempt of court action and from the affidavit illustrating the steps taken by the Delhi government, it was of the opinion that steps were being taken to comply with the order.
"On several occasions, this court has expressed its dissatisfaction over the manner in which the respondent was proceeding in compliance with the directions issued by this court.... Once again, this court hopes and trusts that GNCTD shall implement the NFSA, 2013 in its true letter and spirit," said the bench, also comprising Justice Subramonium Prasad, in its order dated October 28.
"The NFSA, 2013 is a welfare legislation enacted to provide for affordable and adequate food for the eligible beneficiaries. Proper disbursal of adequate nourishment is a pertinent welfare function of the State and it should be implemented with utmost thoroughness for the benefit of the intended. However, by no stretch of imagination it can be held that there was any wilful disobedience of the order of this court dated 01.09.2017, thereby making out a case for contempt of court," the bench said.
The court noted that the interim order passed on the PIL was in respect of the NFSA and the proceedings in the main matter were put to an end in view of a Supreme Court decision on similar issues. It said the question of initiating contempt proceedings as prayed for in a matter that has been disposed of does not arise.
"The contentions of the petitioner, respondent and the effect of the judgment of the Hon'ble Supreme Court in the case of Puttaswamy on the instant case were recorded comprehensively by the division bench and this court has given a well-reasoned final order dismissing the writ petition," the bench said.
Lack of speed alone is not sufficient for taking action for deliberate and wilful disobedience of judicial orders, it added.
-With PTI Input
