oppn parties Government Not Serious About Court Cases

News Snippets

  • Crude prices fall sharply as Saudi Arabia assures normal production in a few weeks. Prices fall by 5.4% to $65.30 per barrel
  • Sensex tumbles 700 points over fears that rising crude prices will deal a body blow to the tottering Indian economy
  • As Rajeev Kumar fails to appear before the CBI despite several notices, the agency forms a special team to locate and apprehend him
  • S Jaishankar says Pakistan is not a normal neighbour and its behaviour is a "set of aberrations"
  • External Affairs Minister S Jaishankar says PoK in Indian territory and the country hopes to have physical jurisdiction over it one day
  • Barasat Sessions court near Kolkata rejects Rajeev Kumar anticipatory bail application citing lack of jurisdiction as the reason
  • PM Modi celebrates his birthday with Narmada aarti and later has lunch with his mother.
  • All 6 Bahujan Samaj Party MLAs merge with the Congress in Rajasthan
  • Bengal CM Mamata Banerjee to meet PM Modi on Wednesday, state issues on the agenda
  • Pakistan to open Kartarpur corridor on Nov 9
  • Rajeev Kumar, ex-police commissioner of Kolkata and wanted for questioning in the Sarada scam does not appear before the CBI despite the state administration requesting him to do so
  • Supreme Court asks the Centre to restore normalcy in J&K but keeping national interest in mind
  • As Trump accepts the invitation to attend a programme in Houston with PM Modi, India rushes to settle trade issues with US
  • After drone attack on Aramco's Suadi Arabia facility, oil prices jump 19% in intra-day trading causing worries for India
  • Imran Khan raises nuclear war bogey again, says if Pakistan loses a conventional war, it might fight till the end with its nuclear arsenal
Sunni Wakf Board and Nirvani Akhara write to the Supreme Court for a negotiated settlement to the Ayodhya dispute
oppn parties
Government Not Serious About Court Cases

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
The Supreme Court rightly castigated the government for its non-seriousness in pursuing legal cases in courts. Despite having a huge legal machinery at its disposal, the government lets cases linger. This happens only because those responsible for briefing the lawyers are either not inclined to find time for such mundane things or have been compromised by the opposing parties. If one examines the data, one will find that this is one of the major causes of the clogging of the judicial system in India.

The court also took umbrage at junior officials of ministries filing affidavits in crucial matters. The court pointedly asked the additional solicitor general “what is the status of the Supreme Court in the eyes of the bureaucracy? In your opinion, who should be the officer in all-India services filing reply affidavits?” When the government did not respond in the given time of an hour, the court proceeded to pass the caveat that from now on, all reply affidavits filed in the Supreme Court must be approved by the department and signed by the joint secretary of the concerned department. This places accountability on the head of the department which was missing.

The court’s strict stand is welcome. The government has been very casual in its approach towards court cases. There seems to be no system in place in various departments as to who is going to handle court cases, how and in what time frame. There is no transparency in such matters. It seems that senior officers generally delegate such work to their juniors with instructions to play for time. This prolongs matters and is not advisable.

The government should look into the matter and take a clear policy stand on this. Heads of departments must be made accountable. They must be given time frames within which briefs should be given to lawyers. They must ensure that lawyers go to court well prepared on the dates of hearing. In short, all efforts must be undertaken to ensure that cases do not linger due to the fault of the government.

Governance does not only mean implementing policies. It also means settling disputes that may arise on account of grievances against such policies. After all, although the legislature makes the laws, it is the government’s responsibility to ensure that they are enforced. By not being serious in handling court cases, the government shows scant respect for due process of law and encourages disrespect for law in the bureaucracy. Strong steps must be taken to reverse this state of affairs.