Chandigarh, Sep 6: The Punjab and Haryana High Court has voiced strong concerns over the rising pendency of cases, attributing a significant portion of the problem to the Central and State governments. A Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth noted that government bodies are among the largest litigants, particularly at the High Court level, and are often responsible for delays due to their frequent requests for adjournments, reported the Bar and Bench.
The Court observed that these delays are often caused by non-cooperation, frequent changes in legal panels, and the unavailability of the concerned officers in charge. “This Court is time and again handicapped from deciding matters, particularly those related to revenue, due to the non-filing of replies,” the Bench remarked, adding that such behavior hampers the judicial process.
The Court was hearing a group of 37 writ petitions scheduled for final arguments. Despite the petitioners being ready to proceed, the Punjab government sought additional time to file their replies, leading to further adjournment. The Court expressed its frustration, noting that it had already granted the State sufficient time to respond after issuing notices.
“We are pained to observe that the State Government and its various Departments routinely fail to file replies in almost all the cases before this Court,” the Bench stated. The judges highlighted that such delays contribute significantly to the burgeoning backlog of cases, with some replies pending for years.
The High Court also emphasized the detrimental impact of interim stay orders, which often remain in effect for extended periods, thereby affecting state revenue. To address these issues, the Court proposed the creation of a litigation policy for the State of Punjab. This policy would include a Permanent Cell comprising responsible state officers tasked with evaluating whether petitions should be filed in cases where the issues have already been conclusively adjudicated by the High Court and upheld by the Supreme Court.
The matter has been adjourned to November 25, with the Court directing the Chief Secretary of Punjab to submit a report on the proposed litigation policy by that date. The Bench warned that if the State government fails to complete its pleadings before the next hearing, a penalty of ₹10 lakh will be imposed, recoverable from the salaries of the officers in charge of the concerned departments.
Senior Advocate Radhika Suri, along with advocates Sandeep Goyal, Abhinav Narang, Aalok Jagga, Harkirat Jagdev, and Sahil Lohan, appeared for the petitioners. AAG Saurabh Kapoor represented the State of Punjab.
