The Madras High Court on Wednesday strongly criticised the Central and State governments for not filing counter-affidavits in time.
Observing that the State government had chosen not to have a full-time Law Secretary, it has directed the officer holding the additional charge to be present in the court on June 25 in connection with a case.
The First Bench comprising Chief Justice S.K. Kaul and Justice M.M. Sundresh made the observation when a writ petition relating to the implementation of Supreme Court orders on judicial reforms came up.
The Bench observed that it granted time to the State government four times to file the counter. At one stage it had also said the counter would be taken on record subject to a deposit of Rs.10,000 as costs. Despite this, the counter had not been filed.
Granting one more opportunity, the Bench said the counter should be filed within four weeks subject to costs of Rs.25,000 The sum should be recovered from the department officer responsible for not filing the counter, failing which the Secretary should remain present in the court.
As regards Central government, it was stated that the Additional Solicitor-General was held up in Madurai. The additional affidavit had also not been filed. The plea sought to be advanced was that nothing more was required to be said other than filing the affidavit.
“We find the stand peculiar to say the least,” the Bench said. When the court had directed filing of an affidavit on a particular aspect, it did not lie in the mouth of the department to say that it would not clarify the position.”
