Serial No.18

Regular Cause List

ORDER

01. The record reveals that the instant petition was filed way back on 14th June, 2023. Thereafter, number of opportunities were granted to the respondents for filing the response. Even last opportunity was granted to the respondents vide order dated 31st October, 2025, however, no response came to be filed. Accordingly, this Court vide order dated 28th November, 2025 closed the right of the respondents to file the reply.

02. Thereafter, the matter was again listed on 9th March, 2026, on which date Mr. Hakeem Aman Ali, learned Deputy Advocate General appeared vice Mr. Faheem Nisar Shah, learned Government Advocate, and the learned counsel was directed to produce the record on the next date fixed in the matter.

03. Today, when the case was taken up, neither the record has been produced nor there is any representation on behalf of respondents. However, on the asking of the Court Mr. Ilyas Nazir Laway, learned Government Advocate has caused appearance.

04. From a bare perusal of the orders passed by this Court in the instant matter from time to time, it is apparently clear that the respondents have not bothered to comply with the orders passed by this Court from time to time, which has ultimately led to closure of their right to file the reply. The failure of the respondents even to produce the record, depicts that the respondents have shown scant respect to the orders of this Court and taking the orders passed by this Court from time to time very casually.

05. It is being noticed by this Court that in a large number of cases involving the Government, replies are not being filed within the stipulated time, despite repeated opportunities being granted. Such a practice not only contributes to the mounting backlog of cases, but also seriously impedes the efficient administration of justice. It is necessary that an effective and time-bound mechanism is to put in place to ensure;

(i) Prompt transmission of records to the concerned counsel;

(ii) Timely preparation and filing of replies/Objections;

(iii) Effective monitoring of pending cases; and

(iv) Fixation of responsibility upon officers, who are remiss in discharging their duties.

06. Such a mechanism would not only facilitate effective representation of the Government before the Courts, but also obviate the necessity of passing coercive orders against the Government and safeguard the public interest.

07. It is further brought to the notice of this Court that the learned Law Officers have been consistently issuing communications/reminders and made telephonic requests in this regard to the concerned officers for filing of reply in time, yet the parawise reply is/are not being given to the counsel engaged well in time, with the result the counsel representing a particular department is not a position to file the response well in time. In case, that be the position, then the Secretary Law shall fix the responsibility on such officers, who are remiss in drafting of parawise comments/reply well in time, as a result of which, adverse orders are passed against the Government and interest of Government are hampered in such like cases.

08. Apart from this case, there are a number of cases listed today wherein despite availing repeated opportunities and last opportunity as well, the respondents have not bothered to file reply, the details of which can be procured from the Registry.

09. One more case titled “Ali Mohammad Sofi vs Union Territory of J&K and Ors” was listed at Serial No. 19 in today’s cause list before this Court, wherein also despite availing last and final opportunity, the respondents have failed to file the reply and the right to file the reply was closed. The order passed today in the aforesaid case has also been forwarded to the office of the Law Secretary for perusal and necessary action.

10. One of the measures to judge democratic commitment of any Governmen