IMPORTANT POINT
Union of India should desist from filing frivolous appeals.

JUDGMENT

Madan B. Lokur, J.

Leave to appeal is granted.

2. Delay condoned.

3. The couldn't-care-less and insouciant attitude of the Union of India with regard to litigation, particularly in the Supreme Court, has gone a little too far as this case illustrates.

4. The Union of India had filed a batch of appeals which was dismissed by this Court by a judgment and order dated 8th December, 2017. The decision is reported as Union of India v. Balbir Singh Turn, 2017 (14) SCALE 189.

5. After dismissal of the batch of appeals, the Union of India filed yet another appeal on the same subject being Civil Appeal No. (blank) of 2018 (Diary No. 4893 of 2018) entitled Union of India & Ors. v. Ex. Nk. Balbir Singh. That appeal came up for consideration before this Court on 9th March, 2018 and was dismissed following the decision in Balbir Singh Turn. While dismissing the appeal, it was noted that it was filed well after several similar matters were dismissed by this Court. The conduct of the Union of India in filing Civil Appeals/Special Leave Petitions after the issue is concluded by this Court was not appreciated. It was noted that the Union of India must take full responsibility for unnecessarily adding to the burden of the justice delivery system.

6. To ensure that the Union of India is far more circumspect, costs of Rs. 1,00,000/- were imposed and it was observed that the Union of India must shape up its litigation policy.Unfortunately, the Union of India has learnt no lesson and has continued its non-cooperative attitude.

7. The present appeal was filed on 8th March, 2018 which is also well after the decision in Balbir Singh Turn. We would have expected that with the dismissal of the appeal relating to Balbir Singh Turn and Ex. Nk. Balbir Singh, the Union of India would take steps to withdraw this appeal from the Registry of this Court so that it is not even listed and there is no unnecessary burden on the judges. But obviously, the Union of India has no such concern and did not withdraw its appeal from the Registry itself.

8. The Union of India must appreciate that by pursuing frivolous or infructuous cases, it is adding to the burden of this Court and collaterally harming other litigants by delaying hearing of their cases through the sheer volume of numbers. If the Union of India cares little for the justice delivery system, it should at least display some concern for litigants, many of whom have to spend a small fortune in litigating in the Supreme Court.

9. On 23rd June, 2010 the Union of India released the 'National Legal Mission to Reduce Average Pendency Time from 15 Years to 3 Years' and this document is called 'National Litigation Policy'. The vision/mission of the National Litigation Policy is as follows:

"1. The National Litigation Policy is based on the recognition that Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country. Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government to protect the rights of citizens, to respect fundamental rights and those in charge of the conduct of Government litigation should never forget this basic principle.

"EFFICIENT LITIGANT" MEANS

• Focusing on the core issues involved in the litigation and addressing them squarely.

• Managing and conducting litigation in a cohesive, coordinated and time-bound manner.

• Ensuring that good cases are won and bad cases are not needlessly persevered with.

• A litigant who is represented by competent and sensitive legal persons: competent in their skills and sensitive to the facts that Government is not an ordinary litigant and that a litigation does not have to be won at any cost.

"RESPONSIBLE LITIGANT" MEANS

• That litigation will not be resorted to for the sake of litigating.

• That false pleas and technical points will not be taken and shall be discouraged.

• Ensuring that the correct facts and all relevant