Allahabad HC Summons State's Chief Secretary As State Counsel Appears In Court Without Brief

The Allahabad High Court has summoned the Chief Secretary of Uttar Pradesh to appear in person over State counsel's appearance in the Court without any brief of the case.

The bench of Chief Justice Rajesh Bindal and Justice J.J. Munir noted that there were four matters listed before the Court where the State Counsel was without any brief of the case.

"We had to call the State counsel and ask us to whether anyone is appearing in the matter as no one has stood up when the matter was taken up for hearing. The counsel did not have even the brief of the case. It is not a case in isolation. Today only there were four matters listed where the State counsel was without any brief of the case.", the Court noted.

The Court had to adjourn all those cases per force without assistance as a result of which none of the old matters pending in the Court can be taken up and decided.

The Court also observed that in many cases, the State counsels expressed their helplessness in matters where time was sought for seeking instructions or filing counter affidavits pointing out that their communications are not responded to.

Thus the Court directed the Chief Secretary to appear before the Court explaining how the Court will function if the State counsel appear in Court without any brief.

"Under the circumstances, we have no choice but to summon the Chief Secretary, State of Uttar Pradesh to appear in person in Court to explain the position as to how the Courts will function if the State counsel appear in Court without any brief and as a result of which, are not able to assist to take up and dispose of the old matters.", the Court said.

The Court has adjourned the matter to December 13, 2022 for further hearing.

Cause Title- Manish Srivastava and others v. State of U.P. and others

Click here to read/download the Order