ADVOCATE-GENERAL of UP SMA Kazmi organised a meeting of the task force of the State Law Office and Nodal Officers of various government departments and issued them directions to ensure effective prosecution of cases by the State government and also for proper, expedient and immediate assistance to the court on behalf of the State counsels.
Kazmi directed that the officers who were being sent for the preparation of counter affidavits (replies) should be instructed to respond to the office of the chief standing counsel, High Court, at least one week in advance before the date of expiry of the outer limit provided by the court. That was the only way to ensure preparation of quality draft and removal of any doubt which arose during the course of the preparation.
The instructions with regard to the improvement of the narratives and making available a proper instruction should be taken with utmost seriousness and should be responded to with spontaneity to avoid the possibility of any sketchy preparation of the draft, which on occasions might lead to fatal results, Kazmi said.
The AG also directed to ensure that at the time of the preparation of the counter affidavit they should supply the entire material relating to the issue including latest government orders, notifications, policy decisions as well as status of the matters which were pending on similar subject in Lucknow Bench or other forums including the Apex Court. This normally would nip the problems in the bud, he added. The periodical (after every 15 days) assessment of the result of this new exercise would be made by all heads of the departments as well as by the chief standing counsel in consultation with their own teams. “In case of any difficulty, the same might be brought to the notice of the chief secretary of the State and to me by the head of the department as well as by the chief standing counsel,” Kazmi observed.
{{/usCountry}}The AG also directed to ensure that at the time of the preparation of the counter affidavit they should supply the entire material relating to the issue including latest government orders, notifications, policy decisions as well as status of the matters which were pending on similar subject in Lucknow Bench or other forums including the Apex Court. This normally would nip the problems in the bud, he added. The periodical (after every 15 days) assessment of the result of this new exercise would be made by all heads of the departments as well as by the chief standing counsel in consultation with their own teams. “In case of any difficulty, the same might be brought to the notice of the chief secretary of the State and to me by the head of the department as well as by the chief standing counsel,” Kazmi observed.
{{/usCountry}}The mechanism should be evolved for ensuring that the appeals, which were filed on behalf of the State, should be filed within the period of limitation.
Sometimes non-filing of appeal within the period of limitation led to various complications, including issuance of contempt notice for compliance of the orders.