The High Court of Karnataka on Wednesday expressed displeasure over the absence of State Advocate-General Madhusudan R. Naik for the hearing of a petition filed by Upalokayukta Subhash B. Adi on the issue of preclusion of the Lokayukta or the Upalokayukta from discharging their duties during pendency of motion to remove them from their posts.
Stating that the petition would now be heard on February 5, the court made it clear that if the A-G has any difficulty in appearing before the court on that day, he should either make an alternative arrangement for the case to be argued on behalf of the government, and in case no one appears on behalf of the government, then the court will have no other option but to proceed ex parte against the government. Justice Raghvendra S. Chauhan passed the order while making it clear that under no circumstance, a request for adjournment would be entertained on February 5.
“This case is listed today only on the asking of the learned A-G. For, on the last occasion, he submitted to this court that the case was rather urgent; therefore it had to be heard and decided by this court today. But despite the urgency pleaded by him on the last occasion, today the court is informed that the A-G is unavailable as he is appearing before the Madras High Court,” the court observed, when government counsel sought adjournment.
‘Surprising’
Justice Chauhan observed that this was certainly surprising state of affairs that the A-G has decided to appear before the Madras High Court instead of arguing the case before the High Court of Karnataka, though the A-G himself had pleaded for urgency in hearing Mr. Adi’s petition.
“After all, the judges do come prepared to the court after having read the file,” the court observed, while pointing out that the A-G should have informed the Bench earlier about the requirement of adjournment.
“This court does not appreciate such silence on part of the A-G, who is supposed to be a role model for the rest of the Bar,” the court observed.
