Excelsior Correspondent
Srinagar, May 24: The High Court has directed the Government to come up with a better plan with regard to allocation of cases to Law Officers in order to avoid delay in disposal of cases.
Chief Justice Pankaj Mithal has suggested the Law Secretary and Advocate General to assign one Court to each Government counsel and whatever cases of the Government are listed before a particular court irrespective of departments concern be allowed to be handled by him so that he may not have to run from one Court to another and may assist the Court in all cases listed before it.
Hearing a matter on compassionate appointment in which Government has filed reply on behalf of Pahalgam Development Authority and the name of the counsel was shown in the cause list. He was present before the Court and was ready to assist in the matter but had not file as the case was assigned to some other counsel.
“It is very pathetic to note that the Government keeps allocating the files to different counsels from time to time, and on account of such change in allocation of the counsel appearing earlier is unable to assist the Court and the new counsel does not appear because his name is not printed in the cause list”, the CJ recorded.
The CJ said that one hearing goes wasted in finding out as to whom the matter is allocated and when the matter comes up on the next date, then again the allocation changes, thus, the matter is never taken up, considered and decided.
The CJ added that the Government is responsible for such delay in disposal of cases and for wasting time of the Court and the Court has repeatedly requested the Advocate General to revisit the system of allocation of the cases but with no result.
The Court, CJ made it clear, is not concerned who will represent a particular department. In a case where the Government is a party, the Advocate General is the person who is responsible to ensure that someone attends the Court on behalf of the Government to assist in the case and does not seek adjournment simply on the ground that the file has been allocated to some other counsel and that it is not possessed by the counsel present.
“…I direct the Law Secretary and the Advocate General to come out with a better system of case allocation so as to ensure that no matter is adjourned on the ground that the file is not available or that the counsel allocated with the case is not available or his name is not printed”, the CJ directed.
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