Rajasthan High Court Constitutes Committee To Examine Administrative Deficiencies In The Office Of Government Advocate, Calls For Report On Proposed Reforms

The Rajasthan High Court was considering a petition filed under Section 482 of the Code of Criminal Procedure seeking quashing of an FIR registered under Sections 341 and 323 of the Indian Penal Code.

The Single Bench of Justice Farjand Ali ordered, “In light of the above observations and the multifaceted challenges currently faced by the office of the Government Advocate, it is the considered view of this Court that a comprehensive committee be constituted to examine, in detail, the prevailing deficiencies, shortcomings, structural requirements, and administrative needs.”

"The report shall include empirical findings, reasoned recommendations, and proposed reforms, which will aid this Court in instituting systemic improvements to enhance the overall efficacy, accountability, and integrity of the office of the Government Advocate", it added.

Advocate Pritam Solanki represented the Petitioner, while Dy.G.A. Vikram Rajpurohit represented the Respondent.

Factual Background

In the year 2013, a coordinate bench of the High Court, in its earlier order had already taken cognisance of the serious administrative deficiencies plaguing the office of the Government Advocate at the Jodhpur Principal Seat. The said order highlighted the critical issues, including the acute shortage of ministerial staff, the lack of infrastructure, inadequate remuneration to State Law Officers, and the resulting procedural delays hampering the dispensation of justice. It was further noted that despite the presence of skilled law officers, the absence of clerical and technical assistance adversely affected the prosecution of even trivial offences under Sections 341 and 323 IPC.

Reasoning And Directions

In order to ensure the smooth and efficient functioning of the office of the Government Advocate, the Bench suggested the establishment of a well-structured administrative support system with the staff composition including Upper Division Clerks (UDCs), Lower Division Clerks (LDCs), peons, stenographers, file managers, computer operator and a Section Officer responsible for overseeing matters about criminal writs, Misc. Petitions under Section 482 CrPC and new laws as well as related proceedings.

“Given the high volume of litigation and the operational exigencies of the office, wherein approximately 600 to 700 case files are required to be produced before various benches of the Court on a daily basis, a robust logistical framework is essential. This necessitates the deployment of an adequate number of Class IV employees to facilitate the prompt retrieval and submission of case files from the offices of different court rooms and to ensure their timely return to the office of G.A. ”, it said.

The Bench further mentioned that each Government Advocate should be assigned a dedicated clerk for administrative and file-handling assistance. The Bench also noticed that the Government Advocates, particularly those representing the State in serious criminal matters, often face heightened risk and potential threats from individuals or groups adversely affected by the prosecution’s stance. The Bench said, “Accordingly, a dedicated floor within the Government Advocate building must be earmarked for security personnel, with the deployment of at least six armed constables stationed permanently on that floor. Each constable should be equipped with requisite arms to deter and respond to any emergent threat. This security detail is particularly crucial outside the offices of the Additional Advocate Generals (AAGs), where law enforcement officers including those of the Rajasthan Police Service (RPS) and Indian Police Service (IPS) frequently attend meetings in relation to the prosecution of high-stakes criminal matters.”

In order to safeguard the sanctity of Judicial Records, the Bench suggested the appointment of a dedicated cadre of qualified and well-trained personnel who can be held strictly accountable for any dereliction of duty or misconduct.

Next came the issue of the substantial volume of litigation emanating from various courts Jodhpur and Jaipur. On this aspect the Bench held, “ It is proposed that an Inspectorlevel police officer be permanently deputed to the Government Advocate's office, supported by a team comprising three constables or head constables. This unit shall serve as the liaison wing, maintaining constant connectivity with all district headquarters across the State of Rajasthan through radiogram facilities. A dedicated landline telephone line must also be permanently established along with a designated room or office to house this communication cell.”

Thus, the Bench held that a comprehensive committee be constituted to examine the challenges currently faced by the office of the Government Advocate. “The scope of the committee’s responsibilities shall include recommending appropriate measures for capacity enhancement, administrative reforms, and infrastructural improvements. Furthermore, the committee shall also examine the existing emoluments and service conditions of the support staff and submit appropriate suggestions for rationalisation and enhancement of their pay scales and benefits, commensurate with their duties and responsibilities”, it held.

As per the Bench, the committee shall comprise of Senior Advocate(Jodhpur) Anand Purohit, Senior Advocate(Jodhpur) Vineet Jain, Advocate(Jaipur) Vibhuti Bhushan Sharma, Advocate(Jaipur) Ghanshyam Singh Rathore and Advocate(Jodhpur) Dinesh Godara. Listing the matter on May 20, 2025, for further proceedings, the Bench directed the Committee to submit the report before the next date of hearing.

Cause Title: Kamal Singh v. State (Neutral Citation: 2025:RJ-JD:18782)

Appearance:

Petitioner: Advocates Pritam Solanki, Rajesh Punia

Respondent: Dy.G.A. Vikram Rajpurohit, Advocate Sushil Solanki, Senior Advocate Rajesh Panwar, Mr. Mudit Vaishnav, Senior Advocate Sachin Acharya, Advocate Rahul Rajpurohit

Click here to read/download Order