J&K Law Department asks other departments to consult it before filing cases

Amid a huge backlog of state government's cases in various courts, the Jammu and Kashmir Department of Law has asked all other departments to consult it before filing any case in any court.

The Law Department has asked all administrative secretaries to seek its opinion on various matters under Rule 52 of the Jammu and Kashmir government business, officials said.

The rule 52 enjoins various government departments in the state to consult the Law Department, among other things on issue of "institution or withdrawal of any prosecution" by them.

The administrative order was issued in the back drop of large numbers of complaints pending with the offices of governor and chief secretary about the huge pendency of government departments' cases, including those of contempt against officials, in various courts, including the Jammu and Kashmir High Court.

Law Secretary Achal Sethi asked the government departments to consult with the Law Department, quoting Rule 52 of the J&K Government Business Rule, which also enjoins departments to consult on "construction of Statutes, Acts, Regulations and Statutory Rules, Orders and Notifications," and "any general legal principles arising out of any case".

The Rules 52 also enjoins upon the state government departments to consult the Law Department before "preparation of important contracts entered to be into by the government".

The direction is on the lines of a Union government direction aimed at shedding its tag of the "largest litigant" in courts.