Affidavits Being Filed In Casual & Lethargic Manner; State Authorities, Standing Counsels Acting Casually: Allahabad High Court

Recently, the Allahabad High Court has observed that the affidavits being filed by the State Authorities as well as the Standing Counsels representing them in Court are being filed in a very “causal and lethargic manner even without proper drafting / reading before signing.”

While dealing with a case regarding assessment of Stamp Duty where counter affidavit had not been filed for 2 years, the Court had called for the personal affidavit of the District Magistrate, Bhadoi to explain as to why despite several orders of the Court, the counter affidavit was not filed.

Perusing the personal affidavit purportedly filed by the District Magistrate, the Court observed that though on the first page of the affidavit it was stated that the Personal Affidavit of District Magistrate, on the next page it was written Personal Affidavit of Commissioner of Police, Lucknow and again in the deponent paragraph District Magistrate was mentioned.

In the affidavit, it was alleged that the first communication regarding the order of the Court was received on 30.08.2024 and the DM had no knowledge of the previous orders calling for counter affidavit.

“The Court is astonished to note the further averments made in para 4 of the said affidavit in which it has been averred that “The High Court first got information about the previous orders passed in the above petition after receiving the fax dated 30.8.2024 sent by Shri Rishi Kumar, Additional Chief Standing Counsel, Hon'ble High Court Allahabad on 30.8.2024.” From bare reading of the said paragraph, the Court could not understand what exactly the deponent wants to contend before the Court,” observed Justice Piyush Agrawal.

The Court held that despite granting various indulgences in the past regarding the manner in which affidavits were being filed, the Standing Counsels and State Authorities were acting in a casual manner.

Noting that the Court had order the Advocate General, U.P. as well as Principal Secretary (Law) & L.R., Uttar Pradesh to take cognizance of the fact that affidavits were being filed carelessly and take action against the counsel who has drafted the affidavit in that another case, the Court ordered the same for this case.

The Court further directed that the copy of these orders regarding affidavits be placed before the bench hearing the matter challenging the appointment of the present batch of counsels representing the State Government.

Case Title: Smt. Indrawati Devi And 2 Others v. State Of U.P. And 4 Others [WRIT - C No. - 829 of 2022]

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