Bombay HC Criticizes Government’s Role in Legal Proceedings

Bombay HC Criticizes Government's Role in Legal Proceedings
Bombay HC Criticizes Government's Role in Legal Proceedings
Bombay HC Criticizes Government's Role in Legal Proceedings
Bombay HC Criticizes Government's Role in Legal Proceedings

Bombay HC Criticizes Government’s Role in Legal Proceedings

Bombay HC Criticizes Government’s Role in Legal Proceedings

Bombay HC Criticizes Government’s Role in Legal Proceedings

In a noteworthy commentary on the Central government’s engagement in legal matters, the Bombay High Court expressed concerns about its role as the largest litigant and its frequent requests for adjournments, despite emphasizing the importance of the “ease of doing business.”

Government’s Frequent Requests for Adjournments

The division bench of Justices Gautam Patel and Kamal Khata voiced its observations while addressing a petition filed by Ramkali Gupta in 2016, relating to property issues. The bench was taken aback by the fact that Gupta’s petition had languished for seven years. Moreover, since June of the current year, the plea had been adjourned multiple times at the behest of the Union government, awaiting the appearance of the additional solicitor general.

The court noted the Union government’s repetitive claims about case backlogs, frequent adjournments, and their impact on the ease of doing business. However, it pointed out that these assertions often ignored the fact that the government itself was the primary litigant, and it was frequently responsible for unnecessary adjournments, as demonstrated by the current case.

Strong Displeasure Towards Repeated Adjournments

Expressing strong disapproval of repeated adjournment requests, the court stressed that the issue raised in the petition was narrow and suitable for a final hearing at the admission stage itself.

The court also remarked that it did not expect the additional solicitor general to be personally present in every Union of India-related matter. Instead, it emphasized the need for competent advocates from his office to share the workload and assist in fulfilling the duties of his office.

In the end, the bench adjourned the plea for the last time, citing courtesy to the additional solicitor general.

This commentary by the Bombay High Court sheds light on the challenges faced by the judiciary in managing the legal proceedings involving the government and underscores the need for efficient handling of cases, especially those with narrow issues, to ensure timely justice and the ease of doing business.

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