Excelsior Correspondent
JAMMU, Apr 29: In a Public Interest Litigation (PIL) filed by a practicing lawyer Meenakshi Salathia, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today issued various directions.
After hearing Senior Advocate BS Salathia with Advocate Bhanu Singh Salathia appearing for the PIL whereas Advocate General DC Raina with Advocate MA Bhat appearing for the State, “as far as prayer regarding appointment of law officers, public prosecutors and standing counsels is concerned, it has been submitted by the Advocate General that J&K Law Officers (Appointment and Conditions of Service) Rules, 2016 are being followed and shall be followed in letter and spirit”, adding “Advocate General has also assured that the written undertaking before this court will be fully complied with”.
“The stand taken by the respondents is appreciable in light of the judgment of Apex Court wherein directions were issued for following strict norms while appointing Law Officers, Public Prosecutors and Standing Counsels by the State Governments”, the DB said.
About the grievance that the Government counsels, who are defending the actions of the Government in both civil and criminal side as well as High Court are not being paid the remuneration/ retainer-ship fee, the DB observed, “it is stated in the response by the official respondents that it shall be ensured that the same is paid, if not otherwise paid, within a period of three months subject to verification and in accordance with Rules and standing orders issued by Government from time to time”, adding “it is also stated that the respondents are evolving a mechanism and a procedure for payment of counsel fee/legal fee in criminal matter which may be assigned to the law officers to contest/argue such cases”.
“In case the fee payable is not paid within three months the amount payable shall be paid with 9% interest from the date of the expiry of three months”, the DB directed.