Govt law officers not representing state properly, opines Madras HC

CHENNAI: “It is unfortunate that government law officers are choosing cases to appear for their own interest, and not properly representing other cases for the interest of the public,” opined the Madras High Court, and urged the State to ensure proper representation before the court.

“We expect the law officers to come to court with proper preparation of the cases they represent for the interest of the public,” observed a division bench of Justices SM Subramaniam and M Jothiraman.

They were hearing a batch of petitions moved by the State challenging the summons issued to various district collectors by the Directorate of Enforcement (ED) in connection with the illegal sand mining. Reeta Harish Thakkar, Secretary to the government, public department, appeared physically before the court complying with the order.

Additional Advocate General (AAG) J Ravindran tendered apology for the government pleader not representing the case on the previous hearing (November 28).

Accepting the apology, the bench posted the matter to the following week and dispensed with the appearance of the public department secretary.

While concluding the hearing, the bench observed that there were many allegations that government law officers were not representing the cases properly.

“The State government should monitor their performances and take action if the performances are not proper. The law secretary must ensure the proper representation of the law officers and take action in this regard,” stated the bench. “Law officers cannot escape from their duties since they are paid a salary from tax payers money, and hence they hold responsibility.”

On November 28, when a batch of cases was called for hearing, no government pleader represented the case on behalf of the State. Disappointed with the non-representation, the bench summoned the Secretary of the public department.