JAMMU: A Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur Friday issued various directions including the prayer for directing the Registry to treat all the contempt petitions as specially ordered cases by constituting Special Benches. In order to enable the Benches to dispose of such contempt petitions, the Registry on administrative side is directed to furnish year wise and Judge-wise list of all contempt petitions for posting the matters on priority basis.
Hearing a PIL filed by Meenakshi Slathia the Division Bench after hearing Sr. Adv BS Salathia with Adv Bhanu Singh Salathia for the PIL whereas Advocate General DC Raina with Adv MA Bhat appearing for the state observed that in so for first four prayers, Advocate General was directed to take notice and get instructions.
Insofar as appointment of law officers, public prosecutors and standing counsels, it is answered by the answering respondents through counsel in the response filed before this Court on 28.04.2016 that the Jammu & Kashmir Law Officers (Appointment and Conditions of Service) Rules, 2016 are being followed and shall be followed both in letter and spirit regarding the aforesaid appointments. Advocate General also assured this Court that the written undertaking before this Court will be fully complied with.
The said stand taken by the respondents is appreciable in light of the judgment of Apex Court wherein the Apex Court issued directions to follow strict norms while appointing law officers, public prosecutors and standing counsels by the State Governments. In the said judgment, it was further held that the persons, who are serving on the date of the directions, can be allowed to continue till expiry of their tenure and for re-appointing the norms issued by the Supreme Court should be followed. In this case, the Rules are in place and an undertaking has been given by the respondents and Advocate General, who is appearing on behalf of the State stated that the Rules are being followed and shall be followed, which is recorded.
Division Bench further observed that insofar as the grievance made in the writ petition that the government counsels, who are defending the actions of the government in both civil and criminal side as well as High Court are not being paid the remuneration/ retainer-ship fee, which is mentioned in paragraph No.15 of the writ petition, in the response filed, it is stated that it shall be ensured that the same is paid, if not otherwise paid, within a period of three months subject to verification and in accordance with Rules and standing orders issued by Government from time to time.
Sr, Adv BS Salathia appearing for the petitioner submitted that even if, fee claim is made within three months as mentioned in the Rules, the officers of the State are not processing the same and sanctioning legal fee to the advocates due to which they are put to lot of harassment and some of them may approach the Court for redressing their grievances against the departments, whom they have defended, which is not a healthy trend.
Division Bench said that the State Government having framed the Rules regarding payment of fee to the advocates, defending their action, it is bounden duty of the concerned officers to sanction the fee claimed in accordance with the rules as well as cabinet decision already taken.
Division Bench further observed that counsel appearing for the petitioner further submitted that the fee claimed by the standing counsels/ law officers can be verified at the threshold by the Advocate General’s office and if it is certified the officials of the government cannot sit over the same again and the amount can be released within three months, which suggestion is found acceptance by this Court as the Advocate General will be in a position to verify the claim bill submitted by each advocate and also will certify that fee claim is as per the rules/norms. Hence this court directs the following procedure to be followed for securitizing the fee bills that Bar members, who defended or defending the actions of the Government, namely law officers in whatever capacity can claim their fee in accordance with the rules and they shall submit their claims before the Advocate General’s office, which in turn shall scrutinize and recommend the concerned department for sanction. The Advocate General Office shall scrutinize the same within a period of four weeks from the date of submission of the fee bill. The concerned department shall sanction and pay the fee bill cleared by the Advocate General’s office i.e. undisputed amount within a period of three months from the date of clearance given by the learned Advocate General’s office.
Division Bench further said that In case the fee payable is not paid within three months as stated supra the amount payable shall be paid with 9% interest from the date of the expiry of three months.