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1999 DIGILAW 1286 (SC)

Basudev Mandal v. State Of W. B.

1999-10-14

A.P.MISRA, K.T.THOMAS

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(1) WHEN this appeal was taken up there was no representation for the State of West Bengal, even though the Standing Counsels name has been shown in the cause list. This is a murder case and the appellant has filed this appeal from jail. We appointed an advocate as amicus curiae for the appellant. (2) ON a similar situation we have to issue notice to the Home Secretary, Government of West Bengal. He appeared before this Court and on the basis of the submissions made we passed the following order: "PURSUANT to the direction given by this Court on 31-3-1999 the Home Secretary, Government of West Bengal is present today. The Advocate General for the State of West Bengal is also present. We heard learned Advocate General and the peculiar situation arising from the continued non-response to the legal matters pending in this Court in which State of West Bengal is a party has been brought to the notice of the Advocate General. He submitted that an immediate solution of this problem will be made by appointing Standing Counsel (or by using any other appropriate designation) for the State of West Bengal in the Supreme Court. Why that has not been done hitherto is not our concern now. In deference to the submission made by the Advocate General for State of West Bengal and under expectation that the needful would be done within a fortnight from today, we discharge the Home Secretary from continued appearance in these appeals." (3) IT is disconcerting to us that the Home Secretary has not done anything which he promised to do and that is why there is nobody even to represent the State of West Bengal in this murder case appeal. (4) WE cannot permit this sort of irresponsibility on the part of the officers of the State of West Bengal which is a party before us. We, therefore, direct the Home Secretary of the West Bengal Government to be present in this Court on the posting date to show cause why he shall not pay a sum of Rs 15,000 from out of his pocket as costs to be contributed towards the legal aid fund of the Supreme Court. (5) LIST on 16-11-1999.