Allahabad High Court Summons State's Chief Secretary Over Appearance Of State Counsels Without Any Brief

The Allahabad High Court has directed the Uttar Pradesh Chief Secretary Durga Shankar Mishra to appear before the Court personally over the appearance of state counsels before the court without any brief.

The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered thus while hearing a special appeal filed by Manish Srivastava and others.

Essentially, when the matter came up before the Court, and no state counsel appeared in the case, the Court called the state counsel and inquired as to whether any state counsel was appearing in the matter. The state counsel informed the court that he did not have a brief of the case.

To this, the Court observed that it was not a case of isolation where the State counsels appearing before the Court were having no brief of the case and further added as to how 4 cases had to be adjourned per force yesterday sans any assistance from the state counsels. 

"In many cases, the State counsels express their helplessness in matters where time was sought for seeking instructions or filing counter affidavits pointing out that neither their communications are responded to nor the telephone calls," the Court said.

The Court also underscored how further delay in the disposal of the cases occurred on account of no response from officers of the State where only some instructions are to be sought on small issues and non-filing of counter-affidavits.

Further, the Court noted as to how the situation had not improved even when on an earlier occasion, the Court had pointed out the issue to the State counsel including the Advocate General.

Consequently, the Court found it appropriate to summon the Chief Secretary, State of Uttar Pradesh to appear in person in Court to explain the position as to how the Courts will function if the State counsel appear in Court without any brief and as a result of which, are not able to assist to take up and dispose of the old matters. 

The matter has been listed for further hearing on December 13. 

Case title - Manish Srivastava and others v. State of U.P. and others [SPECIAL APPEAL No. - 597 of 2018]

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