"Put your house in order": Gujarat High Court raps State for improper drafting of affidavits

The Gujarat High Court on Tuesday criticized the State's lawyers for failing to draft proper affidavits in replies to writ petitions [State of Gujarat & Ors. v. Deceased Kantilal Narandas Patel and Ors.]..A Bench of Chief Justice Sunita Agarwal and Justice Pravav Trivedi took critical note that affidavits presented on behalf of the State were being filed without giving para-wise replies to the writ petition.“Your house is not in order. You have to put your house in order and this is a serious issue ... You have to have a meeting with all your Additional Government Pleaders (AGPs) and tell them that if this is how they are drafting the affidavit in reply.. You are required to take action against them, you have to go to that extent, you are representing the State”, CJ Agarwal told the Additional Advocate General (AAG) Mitesh R Amin.AAG Amin responded by assuring that corrective steps would be taken. A meeting of all AGPs would be called for a discussion on this aspect, he said. .Chief Justice Agarwal also flagged the issue to the State’s Advocate General Kamal B Trivedi who was also present in Court.“This has not come to notice in just one case, this is a routine.. In almost four or five matters we have come across and we have noticed this. In others we may have missed because we may have not looked to the pleadings," Chief Justice Agarwal said.AG Trivedi acknowledged the Court’s concern.“Milords are absolutely right! Otherwise, my lord, it is very difficult to find out what is the stand of the State," said AG Trivedi..Chief Justice Agarwal asked if it was that the State GPs did not know how an affidavit is to be drafted. She warned that improper pleadings by State counsel could lead to their entire case being frustrated.“We are writing in this judgment about this. Because there is no para-wise reply to the statement in the writ petition ... There is no signature of the witnesses.. witnesses were not present on the spot.. when this is not denied, then this is an admission”, Chief Justice Agarwal pointed out. “I quite see my lord, there has to be specified denial, we will be careful my lord," responded AG Trivedi. Chief Justice Agarwal recounted that the Court had pointed this issue out to the Additional Advocate General (AAG) Manisha Lavkumar as well in another case.AAG Manisha Lavkumar, who was present in Court, assured that she had brought the issue to the notice of the government pleader concerned and that necessary instructions have been issued to him. Chief Justice Agarwal maintained that there should be a meeting of all government pleaders to rectify such issues. “I think you have to take a meeting of all the government pleaders.. all AGPs.. and that meeting is to be chaired by all three of you (AG Kamal B Trivedi and AAGs Mitesh R Amin and Manisha Lavkumar)”, she said..The Court was hearing a condonation of delay application filed by the State in a land dispute case, in which judgment was reserved today. .Additional Advocate General Mitesh R Amin was the arguing counsel on behalf of the State while Advocates Mrugen K Purohit, Ashish H Shah and Anal S Shah represented the respondents.