Acting in aid of Courts and assisting justice is part of duty of every citizen, says Allahabad HC

The Allahabad High Court recently observed that acting in aid of courts and assisting justice is part of the duty of every citizen. Court stressed that to this duty, state officials are no exception. 

The bench of Chief Justice Rajesh Bindal and Justice JJ Munir observed thus while coming down heavily upon the Additional Chief Secretary, Secondary Education, Government of UP who failed to file his personal affidavit as directed by the court in a Public Interest Litigation.

The bench noted that the order seeking the Additional Chief Secretary's personal affidavit was passed by the court on December 3, 2022, however, he sought further time to do the same stating his abroad visit from December 13-16 as a reason. 

"The action of the Additional Chief Secretary in planning a trip abroad and then not complying with our orders to file his personal affidavit, prima facie, appears to be reflective of a somewhat unwelcome tendency amongst certain officials of the State to be more frequently in breach of our orders than adherence," the bench said. 

It highlighted that in the present matter which pertains to non-functioning of schools in the State, the personal affidavit of the Additional Chief Secretary was required to overcome the obstructions that the court faced. 

The bench said that the inaction of the Additional Chief Secretary, which he could conveniently do by an affidavit sworn at the station, where he is posted, severely impeded it in the discharge of its functions to dispense justice. The bench also opined that there was enough time for the Additional Chief Secretary to prepare the affidavit and file the same before the Court.

"...but he thought of giving priority to his tour abroad instead of taking care of infrastructure in the State relating to the department, of which he is the In-Charge. Apparently, the priority is not that. Rather, it is enjoying holidays at State expense," the bench said. 

"...it compels us to think about deliberate inaction, if not disobedience", it added. 

Therefore, the bench directed the Additional Chief Secretary to appear in Court in person along with the complete record as sought on December 22, 2022.

The present PIL was filed with reference to a number of schools in the State, which were constructed but were not functional on account of non-appointment of teaching and non-teaching staff.

In the PIL, on December 3, the court had directed the Additional Chief Secretary to file his own affidavit before the next date of hearing about the schools constructed in the State, which are not functional. The details were also required with reference to the year, in which the school buildings were constructed, the release of funds, and the source thereof.

Case Title: Rashid Ali v. State of U.P. and others