Hyderabad: Scores of cases have been pending in the Hyderabad High Court from the states of Telangana and AP for disposal, merely for want of counter affidavits from the departments concerned.
Sources in the judiciary disclosed that there are cases in which the ‘counters’ have not been filed for the past 6 to 7 years. As per the rules framed by the High Court for regulating the writ proceedings under Article 226 of the Constitution, the maximum period for filing the counter affidavit is six months from the date of service of notice.
Mr Sarasani Satyam Reddy, senior advocate of the High Court, said that though the Centre has formulated the NLP, it had failed to provide a yardstick for determining responsibility and efficiency.
He said there should be greater accountability regarding governmental litigation, and mandates “suitable action” against officials violating this policy.
Though there is a provision of “suitable action” in the NLP, it does not prescribe any method to conduct any disciplinary proceedings.
He said speedy disposal of cases can be possible only when the state governments have to incorporate some penal provisions in the policy at the state level and mandate periodical reviews and also keep away political considerations in appointing law officers.
Mr Santosh Reddy, Law Secretary of Telangana, told this correspondent that the state litigation policy at draft level and the government has decided to convene a meeting with stake holders before finalising the policy. He said that the meeting would most likely be convened after the Budget Session.
Mr Dammalapati Sri-nivas, Advocate-General of AP, said that framing of the litigation policy has got delayed due to the bifurcation of AP. He said the issue was under active consideration of the law department and as early as possible a draft policy would be prepared and placed before the government for its approval.
