Assistance to subordinate courts: High Court raps Punjab for 'lethargic approach'

Saurabh Malik

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Chandigarh, December 13

In a major embarrassment for the State of Punjab, the Punjab and Haryana High Court has rapped it for its “lethargic approach” in providing assistance to the subordinate courts during the judicial proceedings.

Assistance to subordinate courts

It is a sorry state of affairs to see the lethargic approach of the government in providing assistance in the judicial proceedings before the Courts below, which is causing unwarranted harassment to litigants Justice Sandeep Moudgil

Justice Sandeep Moudgil of the high court also directed the submission of an affidavit by the State Home Secretary on the sanctioned posts and vacancies of public prosecutor in all sessions divisions.

“It is a sorry state of affairs to see the lethargic approach of the state government in providing assistance in the judicial proceedings before the Courts below, which is not only causing delay in adjudication of the matters, but also causing unwarranted harassment to the litigants, which is not acceptable by any means,” Justice Moudgil asserted.

The Bench was hearing a petition against the State and other respondents by Neeraj Beri for appropriate directions to a magistrate to decide his plea in a time-bound manner. Referring to the interim orders, Justice Moudgil asserted its perusal made it clear that the matter was being repeatedly on the State’s request and reply was not being filed despite several opportunities.

Justice Moudgil added a report from Jalandhar District and Sessions Judge was called for, keeping in view the allegations in the petition.

In compliance, the judge pointed out that last opportunity was granted on October 27 to the prosecution to file reply on November 3. But the prosecution failed to file a reply in the case due to shortage of additional public prosecutors. A written request was moved by an assistant public prosecutor.

Justice Moudgil added report further mentioned that there was only one district attorney, 25 additional public prosecutors and two assistant public prosecutors against the total strength of 47 officers in the sessions division.

Justice Moudgil observed the earnest endeavour made by the courts below failed due to non-assistance by the public prosecutors. The case was listed in the Court of Jalandhar Judicial Magistrate First Class Mandeep Kaur, which was assigned to assistant public prosecutor Nikhil Nahar. He was moving applications time and again for filing reply on the ground that he was unable to prepare the same as he had been performing duties in various other courts.

“The State of Punjab is directed to file an affidavit of its home secretary, giving details as to how many sanctioned posts are there in each and every sessions division and how many are lying vacant and what is the mode and arrangement to fill up the same,” Justice Moudgil concluded.