Burden To Clear Off Pendency Is On State Also, Heavy Cost Will Be Imposed On State Counsel Seeking Adjournment- Allahabad HC
The Allahabad High Court reprimanded the State to act upon and to introduce an efficacious mode, to ensure that zero adjournments were sought so that the time of the Court could be saved, and that easy and immediate justice could be rendered to the litigants.
The Bench of Justice Manju Rani Chauhan said that if the State failed to take any action with regard to the prevalent practice of seeking adjournments by the State Counsel either on the ground of unavailability of records or instructions, then heavy costs would be imposed on such Counsel.
“Being responsible to protect human rights, burden to clear off the pendency lies over the State also as sans the required assistance justice is not possible to be administered to the needy ones to whom State is obliged to secure early justice.” observed the Court.
The Court was hearing an Anticipatory Bail matter wherein the AGA Syed Ali had sought adjournment on the ground of non-availability of the files.
The Court said that a total of 115 matters were listed before the Court and out of them, in 62 cases final orders were passed, in 33 cases interlocutory orders were passed and in 20 cases adjournment was sought whereas the list was published two days before.
The Court noted that Additional Government Advocates were vulnerable to render assistance in most of the cases in absence of their record which was a stumbling block to administer early justice and Due to this, the Courts found it difficult to move forward to decide the pending cases on the fixed date.
The Court, expressing its concern with regard to the prevalent situation, said that “Such apathy at the end of the State does not commend acceptance, rather compels this Court to encapsulate the obstacles being raised in administration of justice by the State, faced by this Court and suffered by a litigant.”
The Court further expressed that “State owns prime responsibility and bounden duty to protect rights of the citizens and infuse faith over the established Institutions. Top brass in present regime functions with speed and scale as required for in public interest with prospective intent and vision. However, response of its functionaries manifests an alien state.”
Accordingly, the Court directed the Registrar General to ensure that the order would be communicated to all concerned.
Cause Title- Sadim & 2 Ors. v. State of UP