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| HC pulls-up State for non- presence of its counsel | | | Early Times Report
Jammu, May 28 : Justice Tashi Rabstan today in a petition filed by Raj Kumar and Ors, took serious note for delaying of disposal of cases due to failure of the non-presence of the state counsel.
Today when the matter was taken-up, Justice Tashi Rabstan after hearing Sr. Adv ZA Shah with Adv Vipan Gandotra appearing for the petitioner observed that on the last date of hearing, the case was adjourned at the request of respondents. However, today there is no representation on behalf of respondents.
It shows that respondents are taking it very casually. However, keeping in view the urgency involved in this case as projected by counsel for the petitioner, this matter for admission is being heard even in absence of counsel for the respondents.
While admitting the case for hearing, Justice Tashi Rabstan further observed that this Court is, however, at pains to observe that this case which pertains to the year 2004 is still pending on the docket of this Court.
This matter like many others has been delayed due to the failure of the State to ensure regular presence of its counsel. Matters are adjourned time and again to await the presence of State counsel. There are many matters like the one-in-hand which cannot be effectively disposed of without the assistance of the State. Unfortunate that the requisite assistance for the State counsels is not forthcoming, as a result whereof, a lot of time of the Courts is wasted and ultimately the litigants suffer. Though the delay in disposal of the cases is due to many reasons yet the one apparent and avoidable is the non-appearance as well as proper assistance of the counsel for the State.
State being a major litigant is required to make effective arrangements for attending/defending their cases in the Court. He said the Court is left with no option but to direct appearance of the Commissioner-cum-Secretary to Government, Consumer Affairs and Public Distribution Department, Srinagar before this Court on the next date of hearing to explain the reasons for non-appearance of their counsel(s).
Court also directed Registry to send copy of this order to the Chief Secretary in its entirety, who shall take effective steps for ensuring that the cases of the State are attended/represented properly without seeking unnecessary adjournments and also send the Copy of this order to the Commissioner-cum-Secretary to Government, Consumer Affairs and Public Distribution Department, Srinagar forthwith. (JNF) |
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