The persistent and alarming trend of non-appearance by Government counsels in courts is a matter of deep concern. This issue, recently highlighted again by the High Court, underscores a systemic failure that threatens the very foundation of justice delivery. Despite repeated directives and assurances from the Secretary of the Department of Law, Justice, and Parliamentary Affairs, there seems to be no real improvement on the ground. Litigations involving Government departments constitute a substantial share of the caseload before courts. These cases often pertain to issues of immediate public interest, ranging from infrastructure projects and administrative decisions to individual grievances seeking urgent relief. When Government counsels fail to appear, they not only delay the course of justice but also risk one-sided judgements due to lack of representation. This absence hampers the court’s ability to adjudicate matters fairly, as both parties must be heard to ensure balanced justice. The Court has rightly observed that such non-appearance is not in the interest of the Government and is actively hampering the administration of justice.
What makes this situation more egregious is its prolonged nature. The High Court had earlier summoned the Law Secretary in person and received assurances about setting up a mechanism to monitor counsel appearances. Yet, these promises remain unfulfilled, reflecting a disturbing pattern of administrative indifference. This amounts to a gross disregard for the sanctity of the judicial process. Already overwhelmed by a backlog of cases, the judiciary can ill afford such avoidable delays. Moreover, citizens seeking redressal for genuine grievances suffer the most. In a digital age, where coordination and case management tools are readily available, this problem is not insurmountable. What it requires is willpower, accountability, and a functional tracking system for counsel appearances.
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