Shivangi Prakash-
Delhi High Court has stated that the raising of fraudulent claims by government officers creates injustice to the litigant seeking justice. The Centre and the Delhi Government should adopt Rules to make their officers accountable for lapses in handling court cases, added the Court.
A single-judge bench comprising of Justice JR Midha observed thus:
“This Court is of the prima facie view that whenever a false claim is raised by the Government, it causes immense injustice to the litigant seeking justice. It also puts an unnecessary burden on the Court and the Government also suffers, but the concerned officer who has raised the false claim does not suffer any action.”
Furthermore, it said that “This Court is of the view that the directions concerning the Accountability in Government litigation are like PIL and therefore, it would be appropriate to list this matter before the PIL Bench. Subject to orders of the Chief Justice, list this matter before Division Bench on 15 July, 2021.”
Noting that the State of Sikkim has already framed the Rules “Conduct of the Government Litigation Rules, 2000”, the Court said that “There is a need to incorporate similar Rules by the Central Government as well as by the GNCTD.”
As a result, the Court relied on State of Haryana’s “State of Haryana Litigation Policy – 2010” rules to achieve a visible, long-term qualitative and quantitative improvement in a way litigation is perceived, managed, and conducted in the State.
The Court had taken into account the submissions of amicus curiae A.S. Chandhiok on Accountability in Government Litigation. He stated that the Law Commission expressed the need for a Litigation Policy in the 126th Report of the Law Commission. It was to reduce the load on the Court system to save public money and judicial time, as well as judicial expenses.
It was also stated that the Centre had issued a National Litigation Policy on June 23, 2010, which was evaluated in 2014-15 and a new Litigation Policy for 2015 was intended to be developed.
The matter will be heard by the Chief Justice’s bench on July 15.
