'How Can You Take The High Court So Lightly?': Karnataka HC Reprimands State Over Non-Appearance Of Summoned Officers

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said,

"The officers should understand what is the High Court. Officers are taking orders from the court lightly. I have been a judge for 13 years, it is for the first time I am seeing this, in Karnataka. How can you take the High Court so lightly."

The court made these observations after the government counsel informed the court that the officers (Principal Secretaries) summoned by it in two matters were not present.

The court said,

"Why don't law officers move applications seeking exemption of officers from appearing in the morning, if there is some difficulty. Only when the matter is called out does the law officer inform that the officer is not present and is not aware of the reason for his absence? You are taking court so lightly. Very bad situation."

Thereafter, Navadgi appeared before the court and said, "We will ensure that no such occasion arises in the future."

He added, "My apologies milords. We will ensure that officers will remain present."

The court was hearing a petition filed by one Mohamed Ikbal in which the court by order dated September 15, had directed that the Principal Secretary of the Housing Department shall remain present before the court to explain as to why a reply has not been filed. It was made clear that in case the reply is filed before the next date, presence of the Principal Secretary shall be exempted.

When the matter was taken up today, the government advocate informed the court that the reply would be filed in the registry during the course of the day. This irked the court.

The other matter is a petition filed by the Karnataka State Legal Services Authority, wherein the Principal Secretary, Department of Medical Education was summoned to the court. The matter pertains to installation of an MRI machine and appointment of Medical Superintendent at the Dharwad Institute of Mental Health and Neurosciences (DIMHANS).

Additional Advocate General Dhyan Chinnappa appearing for the government assured the court that the Medical superintendent would be appointed within ten days and in three months the MRI machine would be installed.

The court then asked for details of the order placed. To which the court was informed that order was yet to be placed.

Advocate General Navadgi intervened and informed the court that an affidavit would be filed by Tuesday informing the date by which the MRI machine would be installed.

Accordingly the court granted the request and posted the matter for further hearing on Wednesday.

Case Title: Mohamed Ikbal v. Secretary To Government Of India 

Case No: WP 5821/2021