Govt takes serious note, issues fresh directives
Mohinder Verma
JAMMU, May 25: Law Officers posted in different departments of Union Territory of Jammu and Kashmir are not coordinating with the counsels leading to delay in filing, refilling and verification of Special Leave Petitions (SLPs)/ Reply Affidavits before the Supreme Court of India. This has been viewed seriously by the Government, which while issuing fresh directives, has made it clear that any further laxity in this regard will invite action as warranted under rules.
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The ‘unwarranted’ conduct of the Law Officers has been observed by the Department of Law, Justice and Parliamentary Affairs, which has mentioned in the official circular that Law Officers are not coordinating with promptness and are not providing timely assistance and inputs to the counsels (Advocate on Record, Standing Counsels and Assistant Standing Counsels) in respect of their cases which has resulted in delay in filing, refilling and verification of SLPs/ Reply Affidavits before the Supreme Court.
In order to safeguard the interests of the Government in its right perspective, the Department of Law, Justice and Parliamentary Affairs has stressed that after issuance/receipt of engagement letter for filing of SLP, all the Law Officers from administrative level to the subordinate level will be responsible for handing over of factual report and all records pertaining to the case to the engaged counsel for preparation and filing of SLP/Reply Affidavits etc.
“Mere transfer and forwarding of sanction letter to subordinate level will not absolve the Law Officers at administrative level of responsibility of filing SLP etc at an earliest. Moreover, all Law Officers shall keep close liaison with the engaged counsel and ensure that relevant record of the case is handed over to the engaged counsel for early filing of SLP/Replies and completion of all pleadings”, read the directives.
In case of any delay on the part of engaged counsel in filing of SLP the same shall be communicated to the Department of Law, Justice and Parliamentary Affairs along with the reasons of such delay and remedial measures in this regard, read the circular.
All the Law Officers have further been impressed upon to work in close coordination with the engaged counsels and follow-up their respective matters through designated e-mails, WhatsApp group etc. Moreover, it has been mentioned that the engaged counsel shall be the one point contact for department for holding any conference with the AAGs/ASGs.
Directing all the Law Officers to maintain complete record of the case pending before the Supreme Court, other courts and Tribunals at New Delhi related to their departments so as to track the cases regularly, the Law Department has stressed that they (Law Officers) should regularly check the designated emails and WhatsApp group for providing necessary assistance to the counsels without any delay in respect of their cases.
“Any delay, laxity or default from the Law Officers and the habit of ignoring emails and WhatsApp messages will enable appropriate action as warranted under rules”, the Law Department has made it clear in the circular.
Further, the Law Officers have been impressed upon to stay in touch with the counsels for proper handling of the matters and providing of all necessary assistance as and when required so that interests of Government are safeguarded. The Law Officers have also been directed to furnish report about the filing of SLPs/pleadings and progress/ status of cases on fortnightly basis to the Department of Law, Justice and Parliamentary Affairs.
“It shall be responsibility of the Law Officer at the administrative level to coordinate and get the SLP/Reply Affidavit filed at an earliest through engaged counsel. Moreover, the Law Officers should be in close contact with the engaged counsel till SLP/Reply Affidavit etc is actually filed and ensure that no delay in occasioned at the departmental level”, read the circular issued by Achal Sethi, Secretary to the Government, Department of Law, Justice and Parliamentary Affairs.
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