The Rajasthan High Court has initiated a significant step towards improving the functioning of the Government Advocate’s (GA) office by forming a 5-member committee composed of senior legal experts. This move comes in response to long-standing issues related to staff shortage, poor infrastructure, low remuneration, and systemic delays affecting justice delivery.
The decision was passed by Justice Farjand Ali while hearing a quashing petition regarding FIR No. 180/2011, dated 28.09.2011, registered at Police Station, Industrial Area, District Pali, under Sections 341 and 323 IPC. Despite the case being over a decade old, it remained unresolved due to repeated delays from the State’s legal side, prompting the Court to take serious note of deeper systemic flaws in the GA office.
“It is the prime duty of the State to enforce rule of law and maintain law and order. Criminal prosecution and its success is necessary to advance law and order and uphold rule of law,” observed the Court.
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- Acute Shortage of Staff:
Since 1986, no recruitment has been made for ministerial staff. Government Advocates operate without proper clerical help to coordinate with over 400 police stations across 17 districts under the Jodhpur jurisdiction. - Inadequate Support and Infrastructure:
Law officers only have one LDC and a peon, both on contract with paltry salaries of ₹4,500 and ₹3,500 respectively. These staff members lack the skills, efficiency, and accountability needed for legal duties.
“The State Counsels get a pittance of Rs. 12,500/- p.m. towards retainer fee and on each working day of the Court, they have to defend more than 100 cases each day.”
- Poor Record Management:
Files often go missing due to unorganized staffing and absence of a systematic filing mechanism. Important documents, like police diaries for serious cases, risk tampering due to untrained staff. - No Review or Support from State Government:
No policy review or infrastructure upgrade has been undertaken by the State to support Law Officers, despite their heavy workloads.
To address the chaos, the Court has issued comprehensive directions:
- Administrative Support System:
A well-structured team including Upper and Lower Division Clerks, file managers, computer operators, stenographers, peons, and a Section Officer must be constituted. - Logistics & File Movement:
With 600–700 case files being processed daily, adequate Class IV staff should be deployed to manage file movements efficiently across courtrooms. - Dedicated Clerk for Each GA:
Every Government Advocate must have a personal clerk to assist in maintaining files and coordination. - Support for AAGs:
Each Additional Advocate General should have a Personal Secretary and a dedicated stenographer for managing complex and sensitive legal matters. - Enhanced Security Measures:
A secure floor with at least six armed constables should be permanently posted in the GA office to protect legal officers from threats arising out of criminal litigation.
“The presence of an adequate security apparatus becomes not just advisable but imperative.”
- Qualified & Accountable Staff:
A professional and trained cadre must be recruited with clearly defined responsibilities and strict accountability to maintain decorum and effectiveness in handling legal matters. - Structured Communication Cell:
To streamline communication between courts and police, a dedicated Inspector-level police officer should be stationed at the GA’s office, supported by three constables. This team will serve as the liaison wing, using radiograms, phones, and emails for prompt coordination.
“Historically, this Court is aware that such an Inspector was earlier posted in the Government Advocate’s office and his role was instrumental.”
To ensure long-term solutions, the Court has formed a 5-member expert committee comprising seasoned lawyers:
- Mr. Anand Purohit, Senior Advocate (Jodhpur)
- Mr. Vineet Jain, Senior Advocate (Jodhpur)
- Mr. Vibhuti Bhushan Sharma, Advocate (Jaipur)
- Mr. Ghanshyam Singh Rathore, Advocate (Jaipur)
- Mr. Dinesh Godara, Advocate (Jodhpur)
The Committee will:
- Study existing staff structure and administrative gaps.
- Evaluate service conditions, pay structure, and workload.
- Submit a detailed report including empirical findings, recommendations, and structural reforms.
“The Committee shall ensure that the report… is submitted before the next date of hearing to enable the Court to take an informed decision.”
The matter has been posted for further hearing on May 20, 2025, and the final adjudication awaits the committee’s report.
Quote from the Judgment:
“Time has come when the State should be asked to put its house in order and take necessary remedial measures.”
Case Title: Kamal Singh v State
