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Calcutta High Court · body

2000 DIGILAW 340 (CAL)

Abdul malek v. State of West Bengal

2000-07-12

H.Banerji, S.B.Sinha

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Judgment A question has arisen as to whether at the instance of the office of the Advocate General of the Government Pleader, as the case may be, learned Counsel appearing on behalf of the petitioner is bound to specify a date on which the matter would appear before the Court while serving notice of motion. 2. Despite our request in terms of our order dated 10.7.2000 the learned Advocate General as also the learned Additional Government Pleader, Mr. Manick Chandra Das, have not appeared Mr. Sen, however, appears together with the learned counsel appearing on behalf of the State in this case. 3. Mr. Sen submits that a specific date for moving the application is insisted only for administrative convenience for appearance of the learned counsel appearing for the State. In this jurisdiction, normally motions are listed. Advocates are Advocates, whether they appear for the State or private parties. For their own convenience or otherwise they cannot intermeddle in the procedure of the court. The procedure has been laid down by this court by framing rules in exercise of its power under Article 225 of the Constitution of India as to how and in what manner applications under Article 226 of the Constitution of India shall be dealt with. The relevant rule provides: "An application under Article 226 shall not be moved and no prayer for interim order shall be entertained in a writ petition under Article 226 of the Constitution without serving copy of such petition alongwith all annexures upon the respondents to be bound by or affected by such interim order and without giving such party a reasonable opportunity to contest the same, without serving 48 hours' prior notice alongwith a copy of the application under Article 226 of the Constitution, proposes to be moved, on the concerned respondent. Provided where the State Government is a party, service on the Legal Remembrance/Government Pleader, as appropriate, will be sufficient, where the Central Government/Local Authority/ Body/Corporation or any of its officers is a party service may also be made on the Standing Counsel for the Central Government/Local Authority or Body or Corporation notified to the Registrar in this behalf. Provided where the State Government is a party, service on the Legal Remembrance/Government Pleader, as appropriate, will be sufficient, where the Central Government/Local Authority/ Body/Corporation or any of its officers is a party service may also be made on the Standing Counsel for the Central Government/Local Authority or Body or Corporation notified to the Registrar in this behalf. Provided that the Court may for reasons recorded allow the moving of the application and entertain the prayer for such interim order without such notice, in which case, a copy of the application alongwith all annexures in support thereof, shall forthwith be served by the petitioner, upon the respondents against whom the interim order has been obtained." 4. The litigants as also the learned Advocates appearing on their behalf are bound by the writ rules framed by this court. Cases will have to be listed keeping in view the business of the court, and not on a day on which the parties by mutual consent or otherwise agree. Such a practice, in our opinion, must be discontinued forthwith. State is duty bound to accept all notices whenever such notices are served on it. It cannot refuse to accept notice on one ground or other. If any matter is taken up in violation of the rules framed by this court, it will always be open to the learned Advocate appearing for any parties, including the State to bring the same to the Court's notice, and there cannot be any doubt that such grievance would be appropriately dealt with. 5. The aforementioned rule, as referred to hereinbefore, safeguards the interest of all parties. 48 hours prior notice serve the interest of the respondents, inasmuch as, during that period their Law Officers of the State would be in a position to obtain proper instructions from the officers concerned, but there may be a case where the court may direct otherwise having regard to urgency of the matter. 6. We, therefore, direct : 1. That all notices henceforth shall be accepted by the office of the learned Advocate General, or the learned Government Pleader or the learned Additional Government Pleader, as the case may be. 2. That the office unless otherwise specifically directed, shall not list any case unless it is satisfied that 48 hours prior notice had been served upon the respondents, unless otherwise directed by the Court. 2. That the office unless otherwise specifically directed, shall not list any case unless it is satisfied that 48 hours prior notice had been served upon the respondents, unless otherwise directed by the Court. Let copies of this order be sent to the Registrar General, Registrar (Listing), learned Advocate General, learned Government Pleader and learned Additional Government Pleader. The Registrar General is directed to communicate this order to the General Secretaries of all the Bar Association of this Court. Let a plain copy of this order countersigned by Assistant Registrar (Court) be given to Mr. Sen.