On November 28, the Allahabad High Court directed Uttar Pradesh Chief Secretary Durga Shankar Mishra to personally appear before the Court over the appearance of state counsels before the court without a brief. While hearing a special appeal filed by Manish Srivastava and others, a division bench of Chief Justice Rajesh Bindal and Justice J. J. Munir ordered this.

The Court observed that it was not an isolated case in which the State counsels appearing before the Court had no brief of the case and went on to explain how four cases had to be adjourned per force yesterday without any aid from the state counsels.

"In many cases, the State counsels express their helplessness in matters where time was sought for seeking instructions or filing counter affidavits pointing out that neither their communications are responded to nor the telephone calls,”

The Court also emphasised how further delays in the disposition of the cases occurred due to no response from officers of the State where only some instructions on minor issues were to be sought and non-filing of counter-affidavits. The Court thought it was appropriate to summon the Chief Secretary, State of Uttar Pradesh, to appear in person in Court to explain how the Courts will function if the State counsel appear in Court without a brief and are unable to assist in taking up and disposing of the old matters.

The case has been rescheduled for a hearing on December 13.

Case title - Manish Srivastava and others v. State of U.P. and others

Citation: Special Appeal No. - 597 of 2018

Link: https://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do