REPORTABLE IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2018 (Arising out of Diary No. 8754 of 2018) Union of India & Ors. . Appellants Vs. Pirthwi Singh & Ors. . Respondents WITH (IA No. 52059 of 2018, IA No. 52058 of 2018, IA. No.52056 of 2018 and IA No. 52057 of 2018) JUDGMENT Madan B. Lokur, J. 1. Leave to appeal is granted. 2. Delay condoned. 3. couldn t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone Signature Not Verified little too far as this case illustrates. Digitally signed by MEENAKSHI KOHLI Date: 2018.04.25 11:11:53 IST Reason: C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 1 of 7 4. Union of India had filed batch of appeals which was dismissed by this Court by judgment and order dated 8 th December, 2017. decision is reported as Union of India v. Balbir Singh Turn.1 5. After dismissal of batch of appeals, Union of India filed yet another appeal on same subject being Civil Appeal No. (blank) of 2018 (Diary No. 4893 of 2018) entitled Union of India & Ors. v. Ex. Nk. Balbir Singh. That appeal came up for consideration before this Court on 9th March, 2018 and was dismissed following decision in Balbir Singh Turn. While dismissing appeal, it was noted that it was filed well after several similar matters were dismissed by this Court. conduct of Union of India in filing Civil Appeals/Special Leave Petitions after issue is concluded by this Court was not appreciated. It was noted that Union of India must take full responsibility for unnecessarily adding to burden of justice delivery system. 6. To ensure that Union of India is far more circumspect, costs of Rs.1,00,000/- were imposed and it was observed that Union of India must shape up its litigation policy.Unfortunately, Union of India has learnt no lesson and has continued its non-cooperative attitude. 7. present appeal was filed on 8th March, 2018 which is also well after decision in Balbir Singh Turn. We would have expected that with dismissal of appeal relating to Balbir Singh Turn and Ex. 1 2017 (14) SCALE 189 C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 2 of 7 Nk. Balbir Singh, Union of India would take steps to withdraw this appeal from Registry of this Court so that it is not even listed and there is no unnecessary burden on judges. But obviously, Union of India has no such concern and did not withdraw its appeal from Registry itself. 8. Union of India must appreciate that by pursuing frivolous or infructuous cases, it is adding to burden of this Court and collaterally harming other litigants by delaying hearing of their cases through sheer volume of numbers. If Union of India cares little for justice delivery system, it should at least display some concern for litigants, many of whom have to spend small fortune in litigating in Supreme Court. 9. On 23rd June, 2010 Union of India released National Legal Mission to Reduce Average Pendency Time from 15 Years to 3 Years and this document is called National Litigation Policy . vision/mission of National Litigation Policy is as follows: 1. National Litigation Policy is based on recognition that Government and its various agencies are pre-dominant litigants in courts and Tribunals in country. Its aim is to transform Government into Efficient and Responsible litigant. This policy is also based on recognition that it is responsibility of Government to protect rights of citizens, to respect fundamental rights and those in charge of conduct of Government litigation should never forget this basic principle. C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 3 of 7 EFFICIENT LITIGANT MEANS Focusing on core issues involved in litigation and addressing them squarely. Managing and conducting litigation in cohesive, coordinated and time-bound manner. Ensuring that good cases are won and bad cases are not needlessly persevered with. litigant who is represented by competent and sensitive legal persons: competent in their skills and sensitive to facts that Government is not ordinary litigant and that litigation does not have to be won at any cost. RESPONSIBLE LITIGANT MEANS That litigation will not be resorted to for sake of litigating. That false pleas and technical points will not be taken and shall be discouraged. Ensuring that correct facts and all relevant documents will be placed before court. That nothing will be suppressed from court and there will be no attempt to mislead any court or Tribunal. 2. Government must cease to be compulsive litigant. philosophy that matters should be left to courts for ultimate decision has to be discarded. easy approach, Let court decide, must be eschewed and condemned. 3. purpose underlying this policy is also to reduce Government litigation in courts so that valuable court time would be spent in resolving other pending cases so as to achieve Goal in National Legal Mission to reduce average pendency time from 15 years to 3 years. Litigators on behalf of Government have to keep in mind principles incorporated in National mission for judicial reforms which includes identifying bottlenecks which Government and its agencies may be concerned with and also removing unnecessary Government cases. Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority. [Emphasis supplied by us]. C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 4 of 7 10. None of pious platitudes in National Litigation Policy have been followed indicating not only Union of India s lack of concern for justice delivery system but scant regard for its own National Litigation Policy. 11. website of Department of Justice shows that National Litigation Policy, 2010 is being reviewed and formulation of National Litigation Policy, 2015 is under consideration. When this will be finalized is anybody s guess. There is also Action Plan to Reduce Government Litigation which was formulated on 13th June, 2017. 12. Nothing has been finalised by Union of India for last almost about 8 years and under garb of ease of doing business, judiciary is being asked to reform. boot is really on other leg. 13. Interestingly, Action Plan mentions, among others, two interesting steps to reduce pendency: (i) Avoid unnecessary filing of appeals appeals should not be filed in routine matters only in cases where there is substantial policy matter. (ii) Vexatious litigation should be immediately withdrawn. 14. These pendency reduction steps (particularly (ii) above) have been conveniently overlooked as far as this appeal is concerned. 15. To make matters worse, in this appeal, Union of India has engaged 10 lawyers, including Additional Solicitor General and C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 5 of 7 Senior Advocate! This is as per appearance slip submitted to Registry of this Court. In other words, Union of India has created huge financial liability by engaging so many lawyers for appeal whose fate can be easily imagined on basis of existing orders of dismissal in similar cases. Yet Union of India is increasing its liability and asking taxpayers to bear avoidable financial burden for misadventure. Is any thought being given to this? 16. real question is: When will Rip Van Winkleism stop and Union of India wake up to its duties and responsibilities to justice delivery system? 17. To say least, this is extremely unfortunate situation of unnecessary and avoidable burdening of this Court through frivolous litigation which calls for yet another reminder through imposition of costs on Union of India while dismissing this appeal. We hope that someday some sense, if not better sense, will prevail on Union of India with regard to formulation of realistic and meaningful National Litigation Policy and what it calls ease of doing business , which can, if faithfully implemented benefit litigants across country. 18. appeal is dismissed with costs of Rs.1,00,000/- as before to be deposited with Supreme Court Legal Services Committee within four C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 6 of 7 weeks from today for utilization for juvenile justice issues. Pending I.As. are also disposed of. 19. List for compliance after five weeks. ..J ( Madan B. Lokur ) ..J ( Deepak Gupta ) New Delhi; April 24, 2018 C.A. No. ______of 2018 (@Diary No. 8754 of 2018) Page 7 of 7 Union of India & Ors v. Pirthwi Singh & Or