Anjana Mishra and Another vs The State of Bihar and Others

The petitioners have approached this Court for issuance of a writ of mandamus commanding the respondents to engage women advocates for conducting criminal as well as civil cases i.e. P.P., A.P.P., G.P., A.G.P. etc. The submission of the counsel for the petitioners is that the Government has taken a decision contained in letter dated 29.5.2001, Annexure-1, to the effect directing all the District Magistrates to recommend the names of the eligible women advocates for empanelment for conducting the State cases. Learned counsel also drew our attention to the letter dated 4th of February 2002, Annexure-2, in which also Annexure-1 has been reiterated. In spite of the said decision of the State Government the grievance of the petitioners is that the names of women advocates are not being recommended/empanelled for conducting the Government cases.

A counter affidavit has been filed on behalf of the respondents, which does not appear to be satisfactory. In the counter affidavit it has been admitted that women counsel are available in each district but at one place it has been stated that that they are not practicing for seven years. Such bald statement cannot be accepted. In fact, the respondents were required to state what action has been taken on the basis of Annexures 1 and 2 but the said aspect has not been explained in the counter affidavit.

Thus, the writ petition is disposed of. The respondents are directed to consider the Government decisions, Annexures 1 and 2, and also the grievance of the petitioners for empanelment of the lady Advocates for conducting the Government cases. Let a copy of this order be handed over to learned AAG II.