Chapter VII SUPREME COURT LITIGATION

1. (1) If in any case filed by or against the Government further action lies in the form of an Appeal or Special Leave Petition, the Law Secretary shall examine the feasibility of bringing such action before the Supreme Court.
2. (2) Where the order of the High Court is likely to be followed in other cases adversely affecting the interest of the Government, an appeal or petition must be filed having regard to the merits of the case, irrespective of the actual implication of the order in that particular case.
3. (3) In other cases the Law Secretary shall, having regard to the merits of the case and the implication of the Court order and in consultation with the Departmental Secretary, take such decision at least one month prior to the last date for filling the appeal.

In case where it is decided to file appeal the Law Secretary shall issue Order of Authorisation, to the Advocate General or the Law Officer who has handled the case in the High Court or any other Law Officer attached to the office of the Advocate General to conduct the case before the Supreme Court and require him to draft the petition or as the case may be, appeal and other necessary pleadings to be filed in the Court.

The order shall also indicate the name of the Advocate on Record who shall handle the case in the Supreme Court, the last date for filling the petition or appeal, gist of the case, points to be urged before the Supreme Court and also the steps to be taken by the Office of the Advocate General. Copies of the Authorisation shall be sent to the Advocate General, the concerned Advocate on Record, the concerned Departmental Secretary, the Head of the Department concerned and to the Officers who are arrayed in the case.

The Law Officer shall prepare the necessary pleadings including stay petition wherever necessary with the assistance of the Litigation Conducting Officer or any other officer of the concerned department and prepare the final pleadings, in consultation with the Law Secretary.

The Advocate General shall, in consultation with the Law Secretary, take all steps in the matter of conducting the case. He shall coordinate in obtaining the required number of copies of the pleadings and sending them same along with all necessary documents, certified copies, etc., to the Advocate on Record along with the amount required to meet the Court fee, process charges, typing and other charges and out of pocket expenses, so as to reach the Advocate on Record at least five days in advance of the last date for filling the case.

Cases filed against the Government

1. (1) Upon receipt of notice of Court in respect of a special leave petition or writ petition or Writ Appeal filed in the Supreme Court against the state or any of its Officers, the Departmental Secretary or the concerned officer through the Departmental Secretary shall send the same to the Law Secretary along with copies of the petition and other pleadings, made out in five sets. The Law Secretary shall, by order authorize one of the Advocates on Record to appear before the Supreme Court and oppose the case including interim claims if any.
2. (2) The Authorization Order shall indicate the Law Officer who shall prepare the pleadings, the name of the Litigation Conducting Officer and the name of the Advocate on Record who is authorised to handle the case. The copies of the order shall be sent to the concerned Advocate on Record, along with the notice of the Court, copy of the petition and its enclosures, the Law Officer authorised to prepare the draft of the counter to be filed in the case and send it to the Departmental Secretary and to other officers involved in the case.
3. (3) The Departmental Secretary or the officer, as the case may be, shall furnish to the Law Officer paragraph-wise remarks and a note on the facts of the case indicating the points of defense available to the Government. The Law Officer shall prepare the necessary pleadings on behalf of the State Government and its officers, with the assistance of the Litigation Conducting Officer and finalize the defense statement, in consultation with the Law Secretary.
4. (4) The Advocate General shall send the same expeditiously to the Advocate on Record, along with the prescribed Court fee and other expenses.

Expenses of the Advocate on record

1. (1) The office of the Advocate General shall on receipt of an order either to file a case or to defend a case before the Supreme Court, take immediate steps to send to the Advocate on Record such amount towards court fee, process charges, typing and other charges including out of pocket expenses as may be prescribed.
2. (2) Any other expenditure made in excess of the amounts specified as above shall be reimbursed to the Advocate on record upon his furnishing detailed accounts in respect of each item of such expenditure, supported by vouchers. Expenses required for the preparation of the paper book and for cyclostyling the records shall be met by the office of the Advocate General on receipt of claim from the Advocates on Record.
3. (3) The money for expenditure shall be sent along with the pleadings or immediately thereafter or immediately after receipt of the Government Order authorising the filling or defending of a case. The Advocate General shall also ensure that the papers and the money reach the Advocate on Record at least five days before the last date, so that the papers could be filed before the Court within the period of limitation. The fact of having sent the amount towards Court fees and other expenses to Advocates on Record shall invariably be communicated to the Departmental Secretary and in criminal matters to the concerned Superintendents of Police and also the Law Department. The Departmental Secretaries and the concerned Superintendents of Police shall make necessary entries in their office records, and take such further steps in the matter as may be necessary for the purpose of maintenance of accounts and for effecting recoveries, wherever necessary.

1. (1) The Advocate on Records shall on receipt of the Authorisation, contact the Law Secretary and ensure that the pleadings and the records of the case are secured and on receipt of the same take immediate steps to file the case well within time. He shall also take steps to file necessary applications to get operation of the impugned order or judgment of the High Court stayed where such orders are made against the Government. He shall immediately after the filing of the case report, the action taken by him and the result of such action along with the Case Number to the Law Secretary and the Advocate General.
2. (2) The Advocate on Record shall conduct the case in accordance with the Supreme Court Rules of Practice and in consultation with and according to the directions of the Law Secretary and the Advocate General.
3. (3) The Advocate on Record shall, where he is not confident of arguing the case effectively himself, engage the services of a senior counsel from the panel of Senior Advocates prepared by the Government It shall be the duty of the Advocate on Record to keep the Law Secretary and the Advocate General informed of the progress of the case from time to time.
4. (4) The Advocate on Record shall study the case fully and understand the case thoroughly, if necessary, with the assistance the officers of the concerned department or the Law Department and brief the Senior Advocate well in advance.
5. (5) The Advocate on Record shall not, without the written authority from the Head of the Legal Cell of the concerned Administrative Department, concede any claim or part thereof, prejudicial to the interests of the Government.
6. (6) The provisions of chapter V shall mutatis mutandis apply to the conduct of cases before the Supreme Court.