Calcutta High Court Calls Out State Lawyers for Missing Non-Political Cases

PTI, KOLKATA, SEPT 5, 2024 : The Calcutta High Court on Thursday expressed serious concerns about the absence of West Bengal Government lawyers in cases before it, particularly when the matters are not politically sensitive.

Addressing a PIL regarding the plight of tiger attack victims in the Sunderbans, Chief Justice T S Sivagnanam remarked on the absence of state representation despite prior inquiry about state representation in every case. Maintaining that the allocation of cases to lawyers needs to be done properly by the state, the bench said, "If this happens in court No. 1 (the Chief Justice's court), imagine the plight of the other courts."

The division bench, also comprising Justice Hiranmay Bhattacharyya, said it's a matter of regret that in spite of having passed an order on May 9, no one has appeared for the state. The court has scheduled the matter for a follow-up hearing on September 26. Mohammed Ghalib, an advocate for the West Bengal government who was present in court but not involved in the PIL, apologized unconditionally on behalf of the state. He was requested to inform the government pleader’s office to ensure corrective measures are taken.

The bench said in the instant petition before it, the court had on May 9 directed the petitioner to serve notice in the office of the government pleader so that a counsel can appear for the state and make submissions before it in view of the sensitivity of the matter. On an earlier occasion in April, the state was represented by senior lawyers, the court noted.

The Chief Justice observed, "Unless something is politically sensitive, no Government counsel is promptly attending to the matters." Sivagnanam questioned the process by which lawyers are assigned cases by the Government, describing the situation as "very saddening." He noted the inconvenience of having to inquire about state representation in every case. Maintaining that the allocation of cases to lawyers needs to be done by the state properly, the bench said, "If this happens in Court No. 1 (the Chief Justice's court), imagine the plight of the other courts."

The division bench, also comprising Justice Hiranmay Bhattacharyya, said it's a matter of regret that in spite of having passed an order on May 9, none has appeared for the state. The court has scheduled the matter for a follow-up hearing on September 26. Mohammed Ghalib, an advocate for the West Bengal government who was present in court but not involved in the PIL, apologized unconditionally on behalf of the state. He was requested to inform the government pleader’s office to ensure corrective measures are taken.

The bench said in the instant petition before it, the court had on May 9 directed the petitioner to serve notice in the office of the government pleader so that a counsel can appear for the state and make submissions before it in view of the sensitivity of the matter. On an earlier occasion in April, the state was represented by senior lawyers, the court noted.