Delhi High Court Justice Jyoti Singh on Tuesday took strong exception to the frequent non-appearance of Central government lawyers in patent cases.

Justice Singh flagged the issue to government law officer, Additional Solicitor General (ASG) Chetan Sharma, and sought an explanation.

She said that standing counsel for the Central government do not appear in cases relating to the Controller of Patents and Designs

“Mr. Sharma, we have this perpetual problem here. Central Government Standing Counsel (CGSC) are not appearing in any of the Controller of Patents and Designs matters in the morning. This is happening everyday. Replies are not being filed, rights are being closed. You look into it. On judicial side, it is not palatable. You carve out a separate panel for yourself internally, whatever you wish to do. This state of affairs cannot go on,” Justice Singh stated. 

Justice Singh said to the ASG that if immediate steps are not taken, she would be compelled to pass orders against the Union Ministry of Law and Justice.

“Mr. Sharma, this is the last time I am telling you. After this, I am going to pass a judicial order and it will go to the Law Ministry. (For) one week, I have not been able to hear one appeal and conclude it. I had called the Controller, may be I have to call him again. Nothing has changed in my court. Otherwise, I will have no option than to pass an order and send to the Law Ministry. I refrain from doing that today,” the Court warned. 

"You need to change the people marked for my court. Right away. I am going to start hearing them ex-parte. I am not going to wait," Justice Singh stated.

The Court sternly asked for immediate restructuring of the government counsel panel with advocates having bandwidth to appear for marked matters.

“This must change from tomorrow. Even if it entails carving out an internal panel. People who have the time to represent the government put them there. If they don't have the time and the panel is just a namesake biodata, I don't know. Don't take government work if you don't have the time. We were also government counsel, we were not like this,” the Court stated. 

It warned of serious consequences if immediate steps are not taken in this regard. She stated that due to non-appearance, the patent applicants and patent grantees suffer.

“Don't make me pass an order, someone’s career will be ruined. There are some who never appear in my court. Never ever. I don't want to name anyone. Each matter has to be adjourned every single day. Patent applicant suffers, grantees suffer. This is repeatedly happening.”

“This situation will not come to pass. I am sorry,” ASG Chetan Sharma responded.

The Court also remarked on the competence of the government counsel in the panel. 

“I am sorry to say that your CGSCs don't even know what remedies they have to adopt. Matters that need to be remanded, every single day the matters are adjourned. Not a single appeal I could hear today. Two of them just needed to go but I could not do it. 'CGSC is not here, CGSC is in Supreme Court, CGSC  is unwell'. Two of them are never here, never.”

Stern consternation and anguish was palpable when Justice Singh stated that she is unable to dispose of the matters solely due to the non-appearance of CGSC.

“Be here sometimes in the morning, see to yourself. This is after the Controller [Patents and Designs] came to my court to assure this will not happen. It is ok with me, I will keep adjourning. What will I lose, nothing at all. I will adjourn it. I can take that path. But it pains me to see that two matters today could have just been disposed. They have gone for July. They are all adjourned for today, but something needs to be better tomorrow,” the Court stated.

ASG Sharma assured the Court that he will look into the issue.

“I will look in to it. I am sorry for it.”

“See what you can do to put your house in order, you are the head of their family," the Court said.