Insolence on part of govt pleaders unacceptable: CJ

The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy took strong exception to the Government pleader appearing in the case failing to file a counter despite an order of the court on February 2 to do so before the matter next appeared on March 19. While the counsel continued making submissions that illegality has been found and action is being taken, the Chief Justice slammed the prosecutor, “do not repeat the old hat”. 

“Even though the Court has often glossed over the failure on the part of the State to adhere to the directions because of the pandemic and even otherwise, in crucial matters pertaining to illegal quarrying when reports or affidavits are not forthcoming, there is every reason to draw an adverse inference that the officials are mixed up with those involved in the illegal quarrying activities and actively resist the Court investigating into such matters,” Chief Justice Banerjee said. 

However, with the counsel claiming that he received a copy of the counter-affidavit only on Wednesday, but it has not yet been filed in Court, the Chief Justice said: “While it is appreciated that in view of the surging pandemic, the State’s responsibilities in such regard increase significantly, insolence cannot be accepted nor can a system be allowed to continue when directions for filing affidavits hold no meaning at all.” 

“Advocate General should represent the State and indicate how the malaise may be arrested,” the Chief Justice added while posting the plea to April 26.