The Supreme Court on Wednesday censured Punjab government for stating that it was not bound by the statements made by the counsel representing it before the court..The Bench of Justice Abhay S Oka and Justice N Kotiswar Singh came down heavily upon State's Chief Secretary, KAP Sinha, for failing to answer the Court's questions in clear terms.The Court was hearing a case seeking extension of the benefit of Punjab Privately Managed Aided Colleges Pension Scheme, 1996, to certain employees.The government had repealed the scheme retrospectively but later given an undertaking before the Punjab and Haryana High Court that the benefit of the scheme would be extended to the petitioners.The top court in the last order had sought presence of Chief Secretary KAP Sinha. Today, the Bench remarked that the Court was being taken for a ride."Mr. Sinha is it not correct that repeatedly you gave undertaking to the court and see the submissions made. That the undertaking is given by my executive, State is not bound by it. What kind of submission is this? Now we will issue contempt notice...," Justice Oka said..The Court added,"Now you tell us, we will give you choice against whom contempt notice should be issued. repeatedly undertakings are given, false statements are being made in the last affidavit. You tell us should be issue it to you or you name an officer we will issue it to him...".Sinha sought time to file to file an affidavit. However, the Court said its order was sufficiently clear."You should have done that [implementation] by today. This is the height of it. Repeatedly statements are made to the Court, assurance is given. This is the height of it. Shamelessly we are told that these statements made by the Advocate General are by the executive and are not by the State? This is the shameless act on the part of the government. Most shameless act," it added.The Court warned to not record the oral statements of counsel representing Punjab government in future. "Hereafter as far as this State is concerned, we will not record statement of any counsel. Every time a statement is made across the bar we will ask the lawyer to file affidavit of the officer," Justice Oka said..Punjab Advocate General (AG) Gurminder Singh at this stage sought to intervene. However, the Court addressed the Chief Secretary directly and asked whether he was justifying the statement disowning statements of counsel."We will issue contempt. Then first we will deal with contempt, let officers go to jail and thereafter we'll hear you. What is this going on? Mr. Sinha are you justifying this? That the statements made by the AG are by the executive and not by the State?"Sinha responded that he agrees with the Court. However, the Court asked him to answer whether the benefit would be extended to the petitioners."We are asking you a question you must answer it straight. Either yes or no. You want to give benefit or you don't want to. Answer yes or no!,' Justice Oka said..Sinha said he cannot go against the decision of the legislature. However, the Court refused to relent."Mr. Sinha tell us are you giving them the benefit or not. One of the two answers we want. If you say no we will record it and then issue contempt notice. So you are not able to give answer?"A lengthy back and forth followed with the Court repeating its question and asking Sinha for a 'yes or no' answer and Sinha refusing to give a straightforward response.Even as Punjab Advocate General sought to intervene, the Court said,"We have asked a question to KAP Sinha, not you."Eventually, when the Bench started dictating the answer, Sinha said he will go by whatever the Court orders. However, Justice Oka said Sinha was not being compelled to do anything. "You have to give answer yes or if it is no, then we will consider what action will be taken," the Court remarked.Amid the back and forth, the Court took exception to Sinha making certain gestures with hand. The Punjab AG then apologized for it.He also sought to explain the situation and asked for a week's time to address the issue. However, the Court proceeded to pass the order. "First we issue notice to Surinder Kaul, Dy. Director Department of Public Instructions (Colleges) Punjab as to show cause as to why action should not be initiated against him under the provisions of law for making a false affidavit before this Court," it ordered..The Court also issued a show cause notice to Sinha as it recorded its shock over the government submission disowning statements of its counsel."Inspite of repeated undertakings given to the High Court, compliance has not been made by the State. Therefore we issue show cause notice to Shri KAP Sinha calling upon him to show cause why action against the Contempt of Courts Act (both civil and criminal)... should not be initiated against him. If he's of the view that some other officer is responsible, he is free to file an affidavit with the names of the other officers who are responsible for the breach so that we can initiate action.".Punjab AG then again attempted to redress the situation. The Bench asked whether as an officer of court, he does not feel the Court was taken for a ride. Singh agreed but said he was only representing the State. "I am nobody," he said. However, Justice Oka said AG is the State."You are representing such a powerful State which is denying the correctness of the statements made by AAG. You are so powerful!".Singh called disowning of the government counsel statement unfortunate. He said blame shifting was not helping anybody and assured of positive action. "Take it from me... I will do something positive," he added.The Court then adjourned the matter..Senior Advocate PS Patwalia represented the petitioners. Senior Advocate Shadan Farasat also appeared for the State of Punjab..[Read Order]
