Calcutta HC Takes Serious Exception To State Lawyer’s Absence In Non-Political Cases

The Calcutta High Court raised concerns on Thursday about the frequent absence of West Bengal government lawyers in court, particularly in cases that are not politically sensitive.

This issue was highlighted during a hearing on a PIL concerning the plight of tiger attack victims in the Sunderbans.

Chief Justice T. S. Sivagnanam expressed disappointment, stating, “Unless something is politically sensitive, no government counsel is promptly attending to the matters.” He questioned how lawyers were assigned cases by the government and called the situation “very saddening.” The Chief Justice emphasized the inconvenience of constantly having to check for state representation in every case.

The division bench, which also included Justice Hiranmay Bhattacharyya, criticized the lack of state representation, noting that despite an order passed on May 9, no one appeared for the state. The court stressed that the proper allocation of cases to lawyers is crucial.

The bench remarked, “If this happens in court No. 1 (the Chief Justice’s court), imagine the plight of the other courts.”

During the hearing, Mohammed Ghalib, a government advocate present in court but not involved in the PIL, apologized on behalf of the state. He was asked to relay the issue to the government pleader’s office so corrective measures could be taken.

The court had previously instructed the petitioner to serve notice to the government pleader’s office, ensuring a lawyer would be available to represent the state in this sensitive matter.

Notably, senior lawyers had represented the state in an earlier hearing in April. The next hearing is set for September 26.