Govt should be responsible, not compulsive litigant: SC judge Maheshwari

Supreme Court judge Justice Dinesh Maheshwari Saturday said the government should act as a responsible and not compulsive litigant.

He also asked tribunals to ensure their decisions bring finality to justice delivery.

The top court judge, who was speaking as chief guest at an event here to commemorate 40 years of Customs, Excise and Service Tax Appellate Tribunal (CESTAT), said the executive should implement its litigation policy in a manner that it does not remain just a letter.

He said clarity and finality in decision making by tribunals will reduce pendency of cases.

Merely doing away with a few of low tax-effect matters will not be yielding the results which we are looking at. When we look at our litigation policy, we have to make those commitments there and particularly the mandates there that the government as a whole has to project itself and deal with the things as a responsible litigant rather than being a compulsive litigant, Justice Maheshwari said.

Asserting that a change in the approach of the government towards litigation will help things take yet better shape, Justice Maheshwari clarified being a responsible litigant does not mean that it would simply be curtailing or avoiding litigation as disputes are bound to come up in a civil society.

The judge added the responsibility on adjudicatory bodies is equally serious and tribunals are required to deliver decisions in a manner as if they are the last court and last recourse.

A judgement of tribunal with all clarity and bringing about finality in decision making will go a long way in reducing arrears or backlog of cases, he said.

Chief Justice of Delhi High Court Justice Satish Chandra Sharma, in his address, suggested that tribunals embrace technology to address the issue of delay.

I may take this opportunity to suggest that tribunals, like courts, must embrace technology and must strive to evolve better process through technology. I am hopeful that it would make tribunals not only better accessible to litigants but also address issue of delay to a great extent, he said.

He also called upon the members of the bar to strive for specialisation in law.

The event, which was held in the Delhi High Court auditorium, was attended by several dignitaries including high court judge Justice Yashwant Varma and officials of the Ministry of Finance.