In a pivotal move to overhaul the administrative structure of the Office of the Government Advocate, the Rajasthan High Court has constituted a five-member committee to recommend urgent reforms aimed at streamlining operations and enhancing efficiency.
The development came during the hearing of a petition filed under Section 482 of the Criminal Procedure Code (CrPC) seeking the quashing of an FIR registered under Sections 341 and 323 of the Indian Penal Code (IPC).
HIGH COURT’S OBSERVATIONS
Presiding over the case, Justice Farjand Ali underscored the critical administrative and structural shortcomings faced by the Office of the Government Advocate. The Court held:
“In light of the above observations and the multifaceted challenges currently faced by the office of the Government Advocate, it is the considered view of this Court that a comprehensive committee be constituted to examine, in detail, the prevailing deficiencies, shortcomings, structural requirements, and administrative needs.”
The Court directed the committee to submit a detailed report including empirical findings, reasoned recommendations, and proposed reforms to facilitate systemic improvements.
CASE BACKGROUND
The issue stems from a 2013 judgment where a coordinate bench had already expressed concern over the dysfunctional state of the Government Advocate’s office at the Jodhpur Principal Seat. Key problems highlighted included:
- Acute shortage of ministerial staff
- Inadequate infrastructure
- Poor remuneration for State Law Officers
- Operational delays in prosecution due to lack of support staff
Despite the presence of competent legal professionals, the absence of administrative and clerical support has hampered even basic criminal proceedings under Sections 341 and 323 IPC.
STRUCTURAL REFORMS SUGGESTED BY COURT
To resolve these long-standing issues, the Court outlined several critical measures:
ADMINISTRATIVE SUPPORT SYSTEM
“Given the high volume of litigation and the operational exigencies of the office, wherein approximately 600 to 700 case files are required to be produced before various benches of the Court on a daily basis, a robust logistical framework is essential.”
The Court recommended a comprehensive administrative setup, including:
- Upper & Lower Division Clerks (UDCs & LDCs)
- Peons and file managers
- Stenographers and computer operators
- A Section Officer to oversee criminal writs and petitions under Section 482 CrPC
Each Government Advocate should also be assigned a dedicated clerk for file-handling assistance.
ENHANCED SECURITY PROTOCOLS
The Bench acknowledged the increased risks faced by Government Advocates, especially in high-profile criminal cases, and ordered the deployment of armed security personnel:
“Accordingly, a dedicated floor within the Government Advocate building must be earmarked for security personnel, with the deployment of at least six armed constables stationed permanently on that floor…”
This includes armed constables to be stationed near the offices of Additional Advocate Generals (AAGs).
COMMUNICATION & CASE FILE MANAGEMENT
Recognizing the importance of coordination with district courts, the Court directed:
“It is proposed that an Inspector-level police officer be permanently deputed to the Government Advocate’s office, supported by a team comprising three constables or head constables… A dedicated landline telephone line must also be permanently established along with a designated room or office to house this communication cell.”
JUDICIAL RECORD MANAGEMENT
The Bench further emphasized the sanctity of judicial records and proposed a qualified and accountable team to manage case files:
COMMITTEE MEMBERS APPOINTED
The High Court has appointed the following five legal professionals to the committee:
- Anand Purohit – Senior Advocate (Jodhpur)
- Vineet Jain – Senior Advocate (Jodhpur)
- Vibhuti Bhushan Sharma – Advocate (Jaipur)
- Ghanshyam Singh Rathore – Advocate (Jaipur)
- Dinesh Godara – Advocate (Jodhpur)
“The scope of the committee’s responsibilities shall include recommending appropriate measures for capacity enhancement, administrative reforms, and infrastructural improvements. Furthermore, the committee shall also examine the existing emoluments and service conditions of the support staff and submit appropriate suggestions for rationalisation and enhancement of their pay scales and benefits…”
NEXT HEARING
The Court has directed the committee to submit its findings before the next date of hearing, which is scheduled for May 20, 2025.
CAUSE TITLE & APPEARANCE
- Cause Title: Kamal Singh v. State
- Neutral Citation: 2025:RJ-JD:18782
LEGAL REPRESENTATION:
- For Petitioner: Advocates Pritam Solanki, Rajesh Punia
- For Respondent: Dy. Government Advocate Vikram Rajpurohit, Advocates Sushil Solanki, Rahul Rajpurohit; Senior Advocates Rajesh Panwar, Mudit Vaishnav, Sachin Acharya
