Only legislature important, not the court?: Bombay HC

Nagpur: The Nagpur bench of Bombay High Court on Wednesday reprimanded the Maharashtra govt after the urban development department cited the ongoing monsoon session of legislature as a reason for its inability to immediately file a response in a long-pending case.“Are only assembly proceedings important? Are court orders and proceedings not important,” the bench asked, while expressing strong displeasure over the delay.The observations came during the hearing of a petition filed in 2020 by the Municipal School Secondary Teachers’ Association seeking govt benefits, service protections and statutory facilities for teaching and non-teaching staff working in municipal schools across Maharashtra.The govt informed the court in March 2023 that the issue involved a policy decision. However, even after three years no concrete response or decision was taken.The lapse came to the notice of a division bench comprising Justices Anil Pansare and Rajneesh Vyas during Wednesday’s hearing. Taking note of the prolonged inaction, the court directed urban development department additional chief secretary KH Govind Raj to remain present.

Appearing virtually, Govind Raj said he was unaware of the matter and was not heading the department when earlier proceedings took place. The explanation failed to impress the court. “Should everyone keep giving the same excuse? How will governance function then,” the bench asked.The situation escalated when the secretary informed them that because of the legislature’s monsoon session, some more time would be required to file a reply.The bench reacted sharply, questioning whether judicial proceedings were being treated as secondary to legislative business.Senior counsel and govt pleader Devendra Chauhan attempted to reassure the court, stating the state would take a decision and resolve the issue soon after the conclusion of the assembly session.Accepting the assurance for the moment, the judges adjourned the matter till July 22. The bench also noted that several cases involving the urban development department were pending across different high court benches without responses from the govt. It directed authorities to conduct a comprehensive review of all such pending matters and submit a report.