Govt counsels not assisting work of court, miffed HC serves notice

Govt counsels not assisting work of court, miffed HC serves notice

Srinagar: The J&K High Court on Thursday asked the Chief Secretary and Secretary, Law Department, to ensure that efficient practice in the interest of government is adopted with respect to judicial matters pending before courts.
Chief Justice Gita Mittal and Justice Puneet Gupta said that despite serving of advance notices/ copies of petitions, counsels appearing for the official respondents are never prepared to make submissions in opposition, resulting in unnecessary delays.
The court observed that it appears that no effort is made to obtain instructions from government departments to assist the court on the first date of hearing and it is taken for granted that notices would be issued in a routine.
“No effort is made to oppose the matter. As a result, interim orders which have serious repercussions (for instance stays of land acquisition for large infrastructure projects; stay of selection processes which have been conducted after following long procedures; stays of transfers and posting orders; interim protection to encroachers amongst others) results,” Chief Justice Mittal recorded.
The court noted that these cases remain pending for decades and as a result illegalities are perpetuated for decades together, hurting public interest as well as putting heavy burden on the public exchequer.
“Let a copy of this order be served upon the Chief Secretary and the Secretary, Law Department, Union Territory of Jammu and Kashmir, to ensure that henceforth, a more efficient practice in the interest of government is adopted,” the court directed.
The court passed this order after government respondents had neither filed a reply nor represented themselves before court in a public interest issue.
In this regard, the court directed the Commissioner/ Secretary to Government, Jal Shakti Department, to remain present in person on the next date of hearing. The court will again hear the matter on 22 October.

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