Friday 2 November 2018

The Defence Ministry's approach to litigation: Misdirected, Highly Adversarial and Sadistic

Navdeep Singh
Attitudinal Problem, Pressure on Officers dealing with Litigation
In a Committee of Experts constituted by the Defence Ministry in 2015 on sentiment expressed by none less than the Prime Minister of India to reduce litigation, especially appeals filed by the government, of which even this author was a member, we were perplexed when many officers came to us with presentations portraying the methods of filing 'faster appeals' rather than methods to reduce appeals.
Of course, this militated against the very reason why the Committee was constituted. We had to repeatedly question and counsel many officers, while recording in so many words, that litigation was not a war or a sport that they had to score a 'win'. We also had to regrettably record in the Report as to how contemptuous language was used against the judiciary by certain elements and how suggestions were made to overreach courts.