Excelsior Correspondent
JAMMU, May 28: High Court today pulled up State for failure of its counsels to appear before the court leading to unnecessary delay in disposal of the cases.
When a petition filed by Raj Kumar and others came up for hearing, Justice Tashi Rabstan observed, “on the last date of hearing, the case was adjourned at the request of respondents. However, today there is no representation on behalf of respondents. It shows that respondents are taking it very casually. However, keeping in view the urgency involved in this case as projected by counsel for the petitioner, this matter for admission is being heard even in absence of counsel for the respondents”.
After hearing Senior Advocate ZA Shah with Advocate Vipan Gandotra for the petitioner, Justice Rabstan said, “the Court is at pains to observe that this case which pertains to the year 2004 is still pending on the docket of this court. This matter like many others has been delayed due to the failure of the State to ensure regular presence of its counsel”.
“Matters are adjourned time and again to await the presence of State counsel. There are many matters like the one-in-hand, which cannot be effectively disposed of without the assistance of the State. Unfortunately, the requisite assistance from the State counsels is not forthcoming, as a result whereof, a lot of time of the court is wasted and ultimately the litigants suffer”, Justice Rabstan further said.
“Though the delay in disposal of the cases is due to many reasons yet the one apparent and avoidable is the non-appearance as well as proper assistance of the counsel for the State. State being a major litigant is required to make effective arrangements for attending/defending their cases in the court”, he said, adding “given the sorry state of affairs and the seriousness with which the State has been taking its litigation as is evident from this case, this court is left with no option but to direct appearance of the Commissioner-cum-Secretary to Government, Consumer Affairs and Public Distribution Department before this Court on the next date of hearing to explain the reasons for non-appearance of their counsel(s)”.
High Court also directed Registry to send copy of this order to the Chief Secretary in its entirety, who shall take effective steps for ensuring that the cases of the State are attended/represented properly without seeking unnecessary adjournments. High Court further directed that the copy of this order should be sent to the Commissioner-cum-Secretary to Government, Consumer Affairs and Public Distribution Department, Srinagar forthwith.
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