Government Warns Officers Over Delayed Court Replies

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Onlykashmir.in News Desk

The Jammu and Kashmir Government has directed all administrative departments and concerned authorities to ensure the timely filing of replies, affidavits and compliance reports in pending court cases, particularly contempt petitions. It has warned that delays and failures could invite accountability for the officers concerned.

The directions have been issued by the Department of Law, Justice and Parliamentary Affairs, with the stated objective of ensuring effective representation of the government before courts and tribunals and timely compliance with judicial directions.

All administrative departments, heads of departments and other concerned authorities have been directed to provide complete records, relevant documents and specific factual inputs to the concerned Law Officer and the Officer In-charge Litigation sufficiently in advance, so that replies and affidavits can be prepared and filed on time.

In cases involving the implementation of judicial directions, the latest compliance status, supported by documentary evidence, must be furnished to the Law Officer and the Officer In-charge Litigation well before the date fixed for hearing. The Officer In-charge Litigation has also been directed to maintain close coordination with the administrative department and the Law Officer, so that replies, affidavits and compliance reports are filed before the respective courts and tribunals within the prescribed time.

Warning against delays, the government has stated that any failure to furnish the required records, instructions or compliance reports, resulting in the non-filing of replies or affidavits or leading to adverse judicial orders, will be viewed seriously. Responsibility will be fixed on the officers concerned in accordance with the applicable rules.

The instructions have been circulated to the Advocate General of Jammu and Kashmir, all Administrative Secretaries, the Registrar of the Central Administrative Tribunal in Jammu and Srinagar, the Divisional Commissioners of Jammu and Kashmir, government counsel, Deputy Commissioners, Superintendents of Police and the Director of Litigation, among other authorities.

Delays in filing replies are a familiar problem in litigation involving government departments. When a department does not respond on time, courts may proceed without its version, impose costs or pass adverse orders, and in contempt matters the consequences can be personal for officers who are held responsible for non-compliance. Contempt petitions arise when a party alleges that a court order has not been implemented, which is why the government has singled them out for particular attention.

The directive reflects an effort to place responsibility at the departmental level, where the records and the information needed for a reply are actually held. By requiring documents and compliance status to reach law officers well before hearings, the government hopes to avoid last-minute requests for adjournments and to present its position effectively. Its success will depend on how consistently departments follow the instructions.

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