J&KHC expresses displeasure over absence of state counsels
TNN Bureau. Updated: 7/25/2024 12:13:34 AM
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Jammu: The Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Justice Atul Sreedharan and Justice Puneet Gupta, has strongly expressed its displeasure regarding the frequent absence of State counsels during court proceedings. The court warned of imposing costs on the Union Territory Government for such absences.
The order was issued while hearing a petition, with Advocates Manik Bhardwaj and Rajneesh Raina representing the petitioner, and Additional Advocate General Amit Gupta appearing for the Union Territory. The Law Secretary of Jammu and Kashmir also appeared before the court via virtual mode, following earlier directions.
The Division Bench emphasized the long-standing issue of State counsels being unavailable when cases are called. Justice Atul Sreedharan noted that this problem has persisted for over a year, despite ongoing communications with the Advocate General's office.
A key issue identified by the court is the current system of assigning counsels to specific departments rather than specific courts. This leads to situations where State counsels are occupied in other courts, representing the same department, resulting in their absence when needed.
The Division Bench declared this situation unacceptable and ordered that, moving forward, counsels must be assigned to specific courts. They are expected to handle all cases representing the Union Territory before their assigned courts, with exceptions only for cases requiring specific expertise.
Starting tomorrow, the court will impose a cost of Rs. 5,000 or more on the State if counsels for the Union Territory Government are absent without valid reasons, such as appearing in another court for the same department. This decision comes after more than a year of frustration, with cases often adjourned due to the non-availability of State counsels.
The court directed that a copy of this order be sent to the Law Secretary of the Union Territory of Jammu and Kashmir, signed by the Registrar Judicial of the court.