Kerala HC warns State of cost penalties for filing affidavits on hearing day despite ample time. CJ Jamdar says lengthy documents need early review.
Kochi: Today, on June 13, the Kerala High Court on Friday strongly criticised the State government for submitting its affidavits at the last moment — on the very day of the hearing — rather than filing them in advance as directed by the Court.
Where the Court noted that this has been a repeated practice over the past few months.
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A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji pointed out that despite being granted enough time to file affidavits or statements, the State government continuously fails to do so on time.
The Bench stated that even in the present hearing, the State had more than two weeks to submit its response. Still, it waited until the hearing date to place the counter affidavit before the Court.
Chief Justice Jamdar expressed his displeasure, noting that such a delay is especially troublesome when the material submitted is long and needs thorough reading.
He remarked that this causes unnecessary strain on the Bench and hampers the efficiency of the proceedings.
The Court, therefore, issued a stern warning to the State, making it clear that if this practice continues, it may impose a financial penalty.
The order passed by the Court clearly stated, “We put the State to notice. If this practice continues, the Court may impose costs on the State recoverable from the concerned officer.”
This warning came in relation to two petitions — one filed by the well-known child rights NGO Bachpan Bachao Andolan, and the other taken up suo motu by the Court itself.
These petitions are being heard in light of the Supreme Court’s 2018 decision in Sampurna Behura v. Union of India and Others, which had laid down directions to ensure proper monitoring of the implementation of child welfare laws in India.
The Kerala High Court has been hearing the matter on and off since 2018. When the case came up earlier on May 30, Bachpan Bachao Andolan highlighted several important issues that are still unresolved.
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These included the inspection of Child Care Institutions, formation and functioning of Juvenile Justice Boards in different districts, and the drafting of updated Juvenile Justice Model Rules, among other pending matters.
Following these submissions, the High Court had clearly instructed the State to file a proper affidavit detailing its response before the next date of hearing, which was scheduled for June 7.
However, the State government did not follow this direction and instead presented the affidavit directly to the Bench during the hearing itself.
This last-minute submission angered the Court once again, which not only warned the State against such conduct but also instructed it to file the affidavit as soon as possible and serve a copy to the other parties involved in the case. The Bench has now listed the matter for further hearing on June 19.
Case Title:
Bachpan Bachao Andolan v. State of Kerala
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