NEUTRAL CITATION
C/CA/1175/2023 ORDER DATED: 03/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1175 of 2023
In R/MISC. CIVIL APPLICATION NO. 1607 of 2023
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GUJARAT HIGH COURT LEGAL SERVICES COMMITTEE THROUGH
SECRETARY
Versus
KAMAL KUMAR SHUKLA
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Appearance:
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MR. JAINISH P SHAH(7033) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 03/11/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsel Mr. Nirad D. Buch appearing for the applicant.
2. This application has been filed seeking for recall of the directions contained in the judgment and order dated 02.02.2022 passed by this Court indicating that there is no need for printing the name of HCLSC or GSLSA in the cause- list as the names of empanelled advocate, who has been entrusted with the matter, will appear in the cause-list who Page 1 of 3 Downloaded on : Tue Nov 07 20:37:14 IST 2023 NEUTRAL CITATION C/CA/1175/2023 ORDER DATED: 03/11/2023 undefined would have to conduct the same and apprise GSLSA or HCLSC about the outcome. The concern raised by the applicant in the instant application is about monitoring of the working of the empanelled advocate. The submission is that under the old system, GSLSA or HCLSC was getting a cause- list to be apprised of the daily cases listing status. Monitoring of the working of the advocates was, thus, streamlined.
3. The reference has been made to Regulation 10 of the National Legal Services Authority (Free and Competent Legal Services) Regulation, 2010 to assert that Monitoring and Mentoring Committee is a necessary set up for every legal services institution for close monitoring of the court based legal services rendered and progress of the cases in the legal aided matters and, thus, to guide and advise the penal lawyers.
4. It is submitted that without there being detail of the cases listed on daily basis, i.e. the cause-list of the cases Page 2 of 3 Downloaded on : Tue Nov 07 20:37:14 IST 2023 NEUTRAL CITATION C/CA/1175/2023 ORDER DATED: 03/11/2023 undefined pertaining to legal aid, the process of monitoring of the cases would not be smooth.
5. Taking note of the above submissions, we required a report from the Registrar (SCMS & ICT), Gujarat High Court to address the concern of the applicant.
The report submitted today is taken on record. It seems that the grievances of the applicant are met to some extent by the solutions suggested in the said report. However for other teething issues, it would be better that the matter is resolved with the Registrar (SCMS & ICT), Gujarat High Court, who has been instructed to do the needful.
6. In view of the above, the recall application is disposed of in terms of the report submitted by the Registrar (SCMS & ICT), Gujarat High Court.
(SUNITA AGARWAL, CJ ) (NIRAL R. MEHTA,J) AMAR SINGH Page 3 of 3 Downloaded on : Tue Nov 07 20:37:14 IST 2023