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On the instructions of Allahabad High Court, Secretary Justice and Secretary Home Uttar Pradesh filed affidavits. The Justice Secretary cited lack of staff in the Advocate General’s office as the reason for the delay in getting the information sought by the court or the case files reaching the court and said that the process of preparing the rules is underway. Due to which staff is not being recruited.
On this, the division bench of Chief Justice Rajesh Bindal and Justice JJ Munir, which is hearing the PIL, has sought information from the Justice Secretary as to how long the rules have been pending. In which department is it and by when the rules will be prepared.
The court, filed on behalf of the Association for Advocacy and Legal Initiative Lucknow, said that the fact cannot be denied that effective work cannot be done without adequate staff. Lakhs of case files have to be arranged and correspondence with a large number of departments has to be done daily. The Court expressed surprise over the filing of the affidavit by the Home Secretary on his own without getting it verified by the advocate and said that he has put the entire burden on the State Law Officers, which cannot be accepted. The court said that we are hearing the case on a daily basis. Court does not get timely cooperation from the departments.
The court said that during the hearing, the Home Secretary filed the affidavit without getting it verified by his advocate. It is the duty of every litigant to file an affidavit after getting it attested by his lawyer. Otherwise it will be presumed that he wants to argue on his own without a lawyer. The court has asked the Home Secretary to explain the justification for such conduct.
The home secretary also gave a certificate of appropriateness to the remarks made by the court on the previous date. For which we thank them. The court told the Home Secretary that if he himself argues, he is welcome. The next hearing of the petition will be on December 21. The court directed the Registrar Compliance to send a copy of the order to the Home Secretary on December 19.
This PIL has been filed regarding death in police custody in the year 2010. The state government is yet to file its reply on the petition filed in 2010 itself. Quoting the news published in the newspaper on December 14, 22, the petitioner said that the businessman had died in police custody. Such incidents are happening due to lack of control, which should be stopped. The hearing of the petition will be held on December 21.
