The Rajasthan High Court at Jodhpur has taken suo motu cognizance of a report published in the Dainik Bhaskar newspaper highlighting the non-functioning of 16 Permanent Lok Adalats due to a recent government directive. The Bench comprising Justice Shree Chandrashekhar and Justice Sandeep Shah initiated proceedings to address the serious concern of “Access to Justice” and directed key state officials to respond by May 15, 2025.
Background
The matter arose following a Dainik Bhaskar report dated May 13, 2025, which revealed that an order issued by the State Government on April 9, 2025, resulted in the suspension of operations at 16 Permanent Lok Adalats. The report cited an alarming backlog of approximately 972 cases in Jodhpur alone and estimated that close to 10,000 cases may be pending across the state, all of which were meant to be resolved through these non-functioning forums.
Legal Context
The Court referred to the Supreme Court’s decision in Brij Mohan Lal v. Union of India & Ors., (2012) 6 SCC 502, emphasizing the constitutional obligation of courts to intervene in matters implicating the right to a speedy and fair trial. The Bench quoted paragraph 96 of the judgment:
“It is a settled principle of law that matters relating to framing and implementation of policy primarily fall in the domain of the Government… Normally, the courts would decline to exercise the power of judicial review in relation to such matters. But this general rule is not free from exceptions. The courts have repeatedly taken the view that they would not refuse to adjudicate upon policy matters if the policy decisions are arbitrary, capricious or mala fide.”
Parties Added and Legal Representation
In view of the seriousness of the issue, the Court impleaded the following as respondents:
- Chief Secretary, Government of Rajasthan
- Additional Chief Secretary-cum-Finance Secretary, Department of Finance
- Secretary, Department of Personnel, Government of Rajasthan
- Principal Secretary, Law and Legal Affairs Department
- Member Secretary, Rajasthan State Legal Services Authority
Legal notices were taken on behalf of these parties by the following counsels:
- Mr. Mahaveer Bishnoi, Additional Advocate General for the Chief Secretary and Finance Secretary
- Mr. Ayush Gehlot, for the Law & Legal Affairs Department and the Personnel Department
- Mr. Deepak Chandak, for the Rajasthan Legal Services Authority
Directions of the Court
The Bench directed the counsels to immediately convey the Court’s order to the concerned authorities and mandated them to file their responses positively by May 15, 2025. The Court also appointed senior counsel Mr. Manish Sisodia as Amicus Curiae to assist in the matter and instructed that a copy of the order along with the newspaper report be provided to him.
