…ALSO CAUTIONS STATE ON TENDENCY TO FILE RESPONSE AT THE LAST MINUTE
GANGTOK, 10 Dec: The High Court of Sikkim has levied costs on the Sikkim University and other respondents to the tune of Rs.10,000 for delay in filing counter affidavits in a Public Interest Litigation brought against them by Bisnu Maya of Ravangla-based Ashta organization.
The PIL was filed in May this year and till date, the respondents, including Sikkim University and its former Vice Chancellor, Prof Mahendra P Lama, have not filed their respective counter affidavits. The single bench of Justice SP Wangdi noted that the attitude of the respondents was casual and disinterested which was not acceptable.
On the other hand, appearing for the petitioner, counsel S Sengupta submitted that he would pursue the PIL in spite of the fact that respondent number 2, the former VC, was no longer associated with the university. His argument is that the scope of the PIL was larger and that Sikkim University as an institution was still in existence.
The counsel for the respondents has been given 4 weeks to file the affidavits failing which their affidavits will not be accepted. Moreover this can only be submitted along with a cost of Rs. 10,000.
In another PIL matter which came up today before the Single Bench, the Court noted with seriousness the tendency of the State respondents to file their affidavits and compliance reports at the last moment of the given time period within which they are required to submit the required documents. This left hardly any time for the court or the opposing party to examine the affidavit or reports.
The court noted that this ‘modus operandi’ had become a regular feature of the state respondents and in this regard issued a strict caution to the state. This observation was made in the PIL raising issues and concerns over the state of health services in the state filed by Rinzing Chewang Kazi of Chungthang.
The Health Department had earlier filed an affidavit regarding the health infrastructure in the state and had sought additional time of a week to file the affidavit on stocks of life-saving drugs. However there was delay in filing this latter affidavit and condonation of delay had been sought.
While allowing the affidavit, the Court noted that the list of medicines as listed with the affidavit were mostly in their medical or scientific names which required time to examine. Senior Government Advocate, K Thinlay acknowledged the court’s dismay over the late filing of affidavits. Appearing for the petitioner was Dr. Doma T Bhutia. The PIL largely concerns the state of health services in rural areas especially the implementation of the NRHM and JSY programmes.
The report doesnot mention what the PIL was about...this is called incomplete reporting , i did read a letter about incorrect one too. Reporting on the courts and judiciary is a tricky affair and the editor has to be doubly sure of what she/he is getting in the papers.
ReplyDeleteThe Former VC used to bulldozing his way around must have thought that he would be able to stonewall anything even a PIL in the Courts...little realising the basic attitude of the Sikkimese, who don't take too easily to people not Sikkimese, they will go along with the powers to be till their end is met, and of course the likes and dislikes of the CM is followed to the core.