Allahabad HC Pulls Up State Counsels For Filing Substandard Counter Affidavits, Directs Framing Of Effective Practice For Drafting Replies

Pulling up the state counsels for their inability to file 'up to the mark' counter-affidavits, a bench of Justice Manju Rani Chauhan directed the concerned official authorities of the state to develop a mechanism to ensure the drafting of effective, coherent and comprehensive counter-affidavits.

“State Government has a battery of efficient and competent counsels to render their assistance on its behalf to facilitate the Court so as to ensure ends of justice. However, it is commonly experienced by this Court that the State Counsels fail to extend their ability in drafting the counter affidavits up to the standards they are expected for. Such practice not only wastes precious time of this Court but also becomes stumbling block in administration of justice.”

The stringent observations were made by the single judge during the hearing of a bail application filed by Sam Higginbottom University of Agriculture, Technology And Sciences (SHUATS) director Vinod Bihari Lal in a case lodged against him for allegedly causing grievous hurt to a person.

Opposing his bail plea, Additional Advocate General P.K. Giri placed reliance on the statement of the doctor of the Government Hospital, he however, could not fortify it based on any material as no such document had been appended along with the counter affidavit drafted by AGA Sunil Kumar.

Perusing the record, this Court found that the counter affidavit filed by the State contained no rational reply to the averments made in the bail application and that it was bereft of relevant documents.

Noting that the counter affidavit seems to have been drafted heedlessly and in a very casual manner, the Court took exception to the incompetence of the State Counsels to extend their ability in drafting the counter affidavits up to the standards they are expected for.

“In few cases replies filed on behalf of the State are found up to mark, whereas in most of the cases adjournment is sought on the ground of bringing relevant documents on record, due to insufficient or incomplete reply in counter affidavits. The counter affidavit filed in the case in hand is an epitome of it, wherein Mr. P.K. Giri has extensively argued on behalf of the State, however, his submissions are not substantiated with the pleadings in counter affidavit, and he seems to be oblivious and unaware of the documents brought on record in the Counter Affidavit,” the Court observed.

Consequently, the Court directed the Higher Authorities of the State Office, responsible for safeguarding the State's interest in the Courts, to bring forth such mechanism which may ensure the drafting of effective, coherent and comprehensive counter affidavits.

At the request of the Additional Advocate General, a week was granted to file a better counter affidavit annexing all the necessary documents including the statement of the doctor. The matter has now been put up for hearing on 1^st March 2024, as fresh.

Case title - Vinod Bihari Lal vs, State of U.P.

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