Gujarat High Court Legal Services ... vs Kamal Kumar Shukla
2023 Latest Caselaw 8060 Guj

                                                                                NEUTRAL CITATION




       C/CA/1175/2023                            ORDER DATED: 03/11/2023

                                                                                 undefined




             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
==========================================================
     GUJARAT HIGH COURT LEGAL SERVICES COMMITTEE THROUGH
                          SECRETARY
                            Versus
                     KAMAL KUMAR SHUKLA
==========================================================
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
==========================================================

 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

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

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