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2018 Supreme(SC) 1992
SUPREME COURT OF INDIA
N.V. Ramana, Mohan M. Shantanagoudar, JJ.
Manoj Kumar – Petitioner
Versus
State of Uttar Pradesh & Anr. – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8413/2017
Decided On : 29-10-2018
Advocate Appeared:
For the Petitioner: Mrs. Mona K. Rajvanshi, AOR, Mr. Anurag Kashyap, Adv., Mr. Ashwani Kumar, Adv.
For the Respondent: Ms. Anagha S. Desai, AOR, Ms. Aishwarya Bhati, AAG, U.P., Mr. Garvesh Kabra, Adv.
Courts have the authority to direct the appearance of state officials to explain the nonappearance of state counsel in legal matters.
Headnote:
Nonappearance - State of Uttar Pradesh - The court directed the Chief Secretary and later the Principal Secretary (Law) of the State of Uttar Pradesh to appear before the court and explain the reasons for the nonappearance of a State counsel. The court considered the repeated nonappearance of the State Counsel in several matters and took action to address the issue.
Fact of the Case:
Despite notice, no appearance by State of Uttar Pradesh, leading to the court directing the Chief Secretary and later the Principal Secretary (Law) to appear and explain the reasons for nonappearance.
Finding of the Court:
The court found that the State of Uttar Pradesh had not entered appearance despite notice, leading to the direction for the Chief Secretary and later the Principal Secretary (Law) to appear and explain.
Issues: Nonappearance of State Counsel, Lack of Representation by State of Uttar Pradesh
Ratio Decidendi: Repeated nonappearance of the State Counsel in several matters led the court to take action by directing the Chief Secretary and later the Principal Secretary (Law) to appear and explain the reasons for nonappearance.
Final Decision: The Chief Secretary and later the Principal Secretary (Law) of the State of Uttar Pradesh were directed to appear before the court and explain the reasons for the nonappearance of a State counsel.
ORDER :
1. In spite of service of notice to Respondent No. 1 – State of Uttar Pradesh in January, 2018, none entered appearance so far to represent the State.
2. List this matter on 13th November, 2018.
3. The Chief Secretary, Uttar Pradesh is directed to appear before this Court on 13th November, 2018 in person and explain the reasons for nonappearance of a State counsel in this matter.
4. At the end of the Board, Ms. Aishwarya Bhati, learned Additional Advocate General, Uttar Pradesh, mentioned this matter and made a request to dispense with the personal presence of the Chief Secretary, Uttar Pradesh on 13th November, 2018. She undertook to communicate to the State Government the concern of this Court and assured compliance by the Government.
5. Considering the request of Ms. Aishwarya Bhati and taking note of nonappearance of the State Counsel in several such other matters, we thought it fit to call the Principal Secretary (Law), State of Uttar Pradesh instead of Chief Secretary, to present in person on 13th November, 2018 and explain the reasons.
6. Registry is directed to show in the cause list, the name of Mr. Garvesh Kabra, learned counsel who later on appeared in the matter on behalf of State of Uttar Pradesh.
7. Ordered accordingly.
