State Law Officers Should Get Reasonable Time To Prepare Cases To Assist Court: Allahabad High Court Directs Formation Of Guidelines

The Allahabad High Court expressed its shock over the way in which the bail applications are opposed by the State Law Officers before it, and thus called for the formation of certain guidelines so that they get reasonable time to prepare the case in order to give proper assistance to the Court.

The Bench of Justice Saurabh Shyam Shamshery was informed by the AGA that due to paucity of time, the State Law Officers are unable to go through the entire file/case diary and are not able to assist the Court properly as that they receive files only at about 10'0 Clock in the Court on the day when the case is listed.

To this, the Court observed thus:

"The State of Uttar Pradesh is the biggest litigant before this Court. The Court is informed that at about 1,000 bail applications are listed in a day before different Benches of this Court. Therefore, it is apparent that in the absence of proper assistance, the rights of either of the parties are likely to be affected adversely. Therefore, it is imperative to pass certain directions to streamline the functioning of State Law Officer."

The Court was hearing a bail plea of one Soib in connection with a case registered under Sections 147, 148, 323, 324, 307, 452, 504, 506, 302 IPC (the plea was later on dismissed).

The Court noted that the co-accused in the matter had been granted bail by the co­ordinate Bench and there, the AGA couldn't present either the correct facts of the case in hand or the manner of assault or the weapon assigned, or the number and nature of injuries.

The Court noted that since the assistance given to the Court was not proper (not up to the mark), and thus, the co-accused were granted bail on parity.

Therefore, the Additional Advocate General was directed to look into the matter and prepare certain guidelines in the form of a report within six weeks from today so that the State Law Officer may get reasonable time to prepare the case in order to give proper assistance to the Court while hearing the bail applications and any ancillary issue.

The Court has also called for a copy of the report in this matter.

Case title - Soib v. State of U.P.

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