Cases involving the state government in the Bombay high court won't get adjourned over state officials not providing the necessary information to the government pleader arguing their case.
Perhaps now, cases involving the state government in the Bombay high court won't get adjourned over state officials not providing the necessary information to the government pleader arguing their case.
A government resolution (GR) has been issued by the law and judiciary department, specifying the time frame within which officials should give instructions to government pleaders, and submit the affidavit-in-reply and other records in court matters. The aim of the move is to ensure expeditious decisions.
The GR was issued in pursuant to a direction by the HC, where in it had rapped the government after noticing that government officials concerned were not providing necessary instructions to the government pleader due to which many cases were adjourned repeatedly. It states that within one month of receipt of the court notice/summons, the officer concerned shall provide necessary information to the government pleader.
"All administrative departments and its allied and subordinate offices shall, within a period of one month of receipt of notice/summons from the court or, as the case may be, intimation from the government pleader, provide instructions and information to the government pleader appearing in the court matter, to avoid delay in filing of affidavit-in-reply and for proper conducting of court cases on behalf of the state of Maharashtra," reads the GR issued on March 27 and signed by MA Sayeed, principal secretary and remembrancer of legal affairs.
It adds, "These instructions shall be followed scrupulously and the heads of all departments and offices shall be responsible for carrying out the directions herein." The HC direction had come during the hearing in a petition by All Maharashtra Fair Price Shopkeepers, hawkers, Retail License Kerosene Vendors Sanghatana Federation.
A division bench headed by justice Abhay Oka had observed that practically in every petition under Article 226 of the Constitution of India, where the state government was a party, rarely affidavits-in-reply were being filed within the time fixed by the court.
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