Rajasthan HC Forms 5-Member Panel To Give Suggestions To Reform Administrative & Infrastructural Shortcomings In Govt Advocate's Office

The Rajasthan High Court has constituted a 5-member committee of comprising of members of the bar to examine prevailing deficiencies, structural requirements and administrative needs of the office of the Government Advocate (GA), and to recommend measures for capacity enhancement, administrative reforms and infrastructural improvements.Justice Farjand Ali took note of critical issues with the office of the GA like shortage of ministerial staff, lack of infrastructure, inadequate remuneration to State Law officers, and resulting procedural delays leading to hampered dispensation of justice, and ordered multiple reforms to be put in place for improving functioning of GA's office. The Court was hearing a quashing petition in relation to FIR when it highlighted multiple administrative deficiencies that were plaguing the office of the GA. It was noted that despite presence of skilled law officers, absence of clerical and technical assistance was resulting in delays in disposing of FIRs like the present one. Highlighting the urgency to undertake administrative reforms for improving functioning of GA's office, the Court ordered the following:1. It was stated to be imperative to establish a well structures administrative support system. It was ordered that the staff composition must include upper division clerks, lower division clerks, peons, stenographers, file managers, computer operators, and a section officer responsible for overseeing matters.2. Next, in light of high number of case files on a daily basis, a robust logistical framework was considered essential which included deployment of adequate number of Class IV employees to facilitate the prompt retrieval and submission of case files from the offices of different court rooms and to ensure their timely return to GA's office.3. Further, it was considered crucial that each GA was assigned a clerk to maintain procedural efficiency.4. In case of Additional Advocate General provision of Personal Secretary and dedicated stenographer was considered indispensable.5. The Court further held that it was equally important to address the security concerns of GAs, arising from criminal litigation for which a security apparatus was ordered to be put in place. A dedicated floor within the GA building shall be earmarked for security personnel with the deployment of at least 6 armed constables stationed permanently on that floor.It was held that such a security system would be both a preventive and protective measure enabling legal officers' safety and performance of statutory duties without fear or intimidation.6. Furthermore, the Court highlighted the shortcomings in the existing support staff structure holding that, “The current personnel, in many instances, lack the requisite sense of responsibility professional competence, and legal aptitude necessary for handling sensitive prosecutorial tasks”.It was held to be imperative to appoint a dedicated cadre of qualified and well-trained personnel with defined roles who could be held strictly accountable for any misconduct and dereliction of duty.7. The Court also acknowledged the substantial volume of litigation coming from various courts on a daily basis requiring the prosecutorial side to comply with judicial directions from multiple courts simultaneously that included ensuring presence of IOs, SHOs and SPs. It was observed that at present public prosecutors communicated these directions directly to the concerned individuals. It was noted that,“In view of the above, there is an urgent necessity to establish a structured communication mechanism to institutionalise this process. It is proposed that an Inspector level police officer be permanently deputed to the Government Advocate's office, supported by a team comprising three constables or head constables. This unit shall serve as the liaison wing, maintaining constant connectivity with all district headquarters across the State of Rajasthan through radiogram facilities.”Pursuant to giving these observations, the Court formed a 5-member committee for examining the prevailing deficiencies and administrative needs, and recommending appropriate measures including the assessment of additional staff required.The order states that the committee shall comprise the following eminent members of the legal fraternity, known for their vast experience and institutional knowledge:1. Mr. Anand Purohit, Senior Advocate(Jodhpur) 2. Mr. Vineet Jain, Senior Advocate(Jodhpur)3. Mr. Vibhuti Bhushan Sharma, Advocate(Jaipur)4. Mr. Ghanshyam Singh Rathore, Advocate(Jaipur)5. Mr. Dinesh Godara, Advocate(Jodhpur).The committee has been asked to submit its detailed report–which must include empirical findings, reasoned recommendations, and proposed reforms to aid the court in instituting systemic improvements to enhance the overall efficacy, accountability, and integrity of the office of the Government Advocate. The matter is next listed on May 20.Case Title: Kamal Singh v StateClick Here To...

Rajasthan HC Forms 5-Member Panel To Give Suggestions To Reform Administrative & Infrastructural Shortcomings In Govt Advocate's Office

Nupur Agrawal

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