Today, On 12th December, The Supreme Court expressed strong disapproval of the Union of India for failing to ensure representation by counsel in critical cases. The absence was noted in matters of significant legal and public importance. The Court emphasized the need for accountability and diligence in handling such cases.
New Delhi: The Supreme Court today expressed its frustration with the Union of India for its inconsistent provision of legal representation in court matters, despite having numerous panel counsels available.
During a session on December 12, Justices B.R. Gavai and K.V. Viswanathan addressed a case concerning the admission of a student with disabilities into the MBBS program, highlighting this ongoing issue.
The student, who belongs to the OBC category and has both locomotor and speech disabilities, had not seen any representation from the Union, even though notices had been issued as early as November 25.
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The court’s concern over the Union’s repeated absence led to a directive for the personal appearance of the Director General of the Directorate General of Health Services, Ministry of Health and Family Welfare.
At today’s hearing, Additional Solicitor General Vikram Banerjee represented the Union. Justice Gavai voiced the court’s dissatisfaction with the Union’s failure to appear consistently, questioning how legal duties were allocated among the Union’s counsel. He stressed the court’s expectation for the Union to be particularly responsive in cases involving persons with disabilities.
The court previously instructed the Director General to appear in person due to the Union’s lack of representation. Ultimately, the Supreme Court granted the student admission to an MBBS course in Rajasthan, highlighting the need for the Union to provide more reliable and timely legal representation in future court proceedings.
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The absence of counsel in important cases can have significant impacts on the judicial process and public trust in governance. Key implications include:
- Delay in Justice: Without proper representation, hearings may be postponed, leading to delays in resolving critical legal and public issues.
- Undermined Credibility: The government’s perceived lack of accountability may erode public confidence in its commitment to justice.
- Incomplete Arguments: Important perspectives and facts may be missed, leading to potentially flawed or imbalanced judgments.
- Strain on Judiciary: The judiciary is burdened with ensuring fair outcomes despite the absence of key stakeholders, complicating case management.
This highlights the need for robust legal representation to uphold the integrity of court proceedings.