Govt approach in contesting cases casual: HC

Excelsior Correspondent
SRINAGAR, Oct 28: The Jammu and Kashmir High Court today came down heavily on State Government for delay in disposing off court cases due to what it said the casual approach of Law Department.
A single bench of the Jammu and Kashmir High Court comprising Justice Ali Mohammad Magray while hearing a matter titled Abdul Razak Sofi V/S State and others said:  “Delay in Disposing of the court cases has reached on alarming situation. The reason for such delay is mainly attributable to the casual approach adopted by the respondents.”
The court observed that a notice was issued in the case on 2-9-2011 and since then the respondents have not filed any reply.
Justice Magray while expressing anguish over functioning of the Law Department said: “The Law Department does not seem to be serious to have the matters contested which is evident from the approach adopted in the present case.”
The court said that non-seriousness of concerned is detrimental to the public interest. While mentioning in the order the court said: “Three State counsels are reportedly instructed to contest this matter at the costs of public exchequer. Lack of co-ordination depicting non-seriousness of the concerned Government functionaries is detrimental to the public interest.”
Justice Magray said that where the issue involved is concerning more than one department, only one State Counsel is engaged for contesting the matter.
“It would have been appropriate that in the matters where the issue involved is concerning more than one department, only one State counsel is engaged for contesting the matter. It ought to be the policy of the State Government to ensure that effective mechanism is pressed into service for effective representation in the court cases.”
The court ordered that the matter needs to be considered by the Government. “Registry is directed to fax the copy of this order to the Chief Secretary of the State”, court direction reads.

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