Delhi High Court judge Jyoti Singh criticised frequent absence of Central government lawyers in patent cases, asking Chetan Sharma to address non-appearance in matters involving Controller of Patents and Designs, warning situation unacceptable.
NEW DELHI: Delhi High Court Justice Jyoti Singh expressed strong displeasure over the frequent absence of Central government lawyers in patent matters. She raised the issue with Additional Solicitor General (ASG) Chetan Sharma and demanded an explanation, noting that standing counsel for the Central government routinely fail to appear in cases involving the Controller of Patents and Designs.
Justice Singh said,
“Mr. Sharma, we have this perpetual problem here. Central Government Standing Counsel (CGSC) are not appearing in any of the Controller of Patents and Designs matters in the morning. This is happening everyday. Replies are not being filed, rights are being closed. You look into it. On judicial side, it is not palatable. You carve out a separate panel for yourself internally, whatever you wish to do. This state of affairs cannot go on,”
She warned the ASG that, if prompt action is not taken, she would be forced to issue orders against the Union Ministry of Law and Justice.
The Court warned,
“Mr. Sharma, this is the last time I am telling you. After this, I am going to pass a judicial order and it will go to the Law Ministry. (For) one week, I have not been able to hear one appeal and conclude it. I had called the Controller, may be I have to call him again. Nothing has changed in my court. Otherwise, I will have no option than to pass an order and send to the Law Ministry. I refrain from doing that today,”
Justice Singh added,
“You need to change the people marked for my court. Right away. I am going to start hearing them ex-parte. I am not going to wait,”
The court demanded an immediate reorganization of the government counsel panel so that advocates with the capacity to appear for listed matters are assigned.
The Court said,
“This must change from tomorrow. Even if it entails carving out an internal panel. People who have the time to represent the government put them there. If they don’t have the time and the panel is just a namesake biodata, I don’t know. Don’t take government work if you don’t have the time. We were also government counsel, we were not like this,”
She cautioned that there would be serious repercussions if the situation did not improve, pointing out that patent applicants and grantees suffer because of the repeated non-appearances.
She said,
“Don’t make me pass an order, someone’s career will be ruined. There are some who never appear in my court. Never ever. I don’t want to name anyone. Each matter has to be adjourned every single day. Patent applicant suffers, grantees suffer. This is repeatedly happening.”
ASG Chetan Sharma replied,
“This situation will not come to pass. I am sorry,”
Justice Singh also questioned the competence of some government counsel on the panel.
She said,
“I am sorry to say that your CGSCs don’t even know what remedies they have to adopt. Matters that need to be remanded, every single day the matters are adjourned. Not a single appeal I could hear today. Two of them just needed to go but I could not do it. ‘CGSC is not here, CGSC is in Supreme Court, CGSC is unwell’. Two of them are never here, never.”
She voiced frustration that she could not dispose of cases solely because the CGSCs did not appear.
The Court said,
“Be here sometimes in the morning, see to yourself. This is after the Controller [Patents and Designs] came to my court to assure this will not happen. It is ok with me, I will keep adjourning. What will I lose, nothing at all. I will adjourn it. I can take that path. But it pains me to see that two matters today could have just been disposed. They have gone for July. They are all adjourned for today, but something needs to be better tomorrow,”
ASG Sharma assured the bench he would address the concern.
“I will look in to it. I am sorry for it.”
The Court urged,
“See what you can do to put your house in order, you are the head of their family,”
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