Counsel’s ‘draft order’ becomes court ruling

Saurabh Malik

Tribune News Service

Chandigarh, September 28

In an out-of-the-ordinary initiative aimed at cutting down the pendency of cases, a Punjab and Haryana High Court Bench asked a state counsel to come out with a “draft order” to save the court’s time.

The “draft order” became the judgment after minor changes, prompting the Judge to express hope that the trial may become the modus operandi to deal with arrears of old cases.

“I hope this experiment may become a signature tune in future in constructively and realistically dealing with arrears of old cases with quality assistance from the Bar and the law officers, whenever called upon by the court, but after expressing its mind on all points involved and deciding finally a case with reasons to follow,” Justice Rajiv Narain Raina ruled.

The development is significant as the High Court with just 44 judges against the sanctioned strength of 85, is reeling under pendency of more than two lakh cases.

The “experiment” followed a petition by Faqir Chand against the Haryana Home Secretary and other respondents for considering his case for promotion as an Inspector from December 1998 and staying the impugned order vide which his juniors were promoted. The petitioner did not come forward to argue his case, despite notice. But that did not deter Justice Raina from disposing of the matter on merits. Dismissing the petition, the court appreciated Additional Advocate General Shruti Jain Goyal for “valuable assistance” rendered by helping prepare the draft order on the Judge’s request in the open court.

Justice Raina asserted: “She has saved much valuable time of the court which would have been spent marshalling the facts, which time saved I could divert to writing opinions on the other matters listed for the day and heard for final disposal.” Justice Raina said the matter was debated at length. After hearing the parties, the petition was dismissed with reasons to follow. The law officer then fleshed out crucial dates and events, and the applicable law in context of the issues raised and resolved in court at the time of hearing. “I have made only minor changes. The draft has become the judgment”. Before parting with the case, Justice Raina added lest he be accused of stealing intellectual property and plagiarism, he has put the work candidly in inverted commas. It would be treated as the judgment and order of the HC, and would be open to appeal.