SC nudges government over lax law officers

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The government law officers are “not appointed on the basis of their merit. They are appointed on some other consideration. There is also coalition politics in their appointment”, the Supreme Court said Monday.

The court’s oral observation came while it expressed anguish over mistakes in drafting of petitions and poor knowledge of some government advocates.

“You appoint people who can’t draft (petitions). There are so many mistakes,” said Chief Justice S.H. Kapadia.

Chief Justice Kapadia told Additional Solicitor General Mohan Parasaran: “Please see you appoint advocates who can draft (petitions) properly and have some knowledge of income tax laws.”

He observed that government law officers “are not appointed on the basis of their merit. They are appointed on some other consideration. There is also coalition politics in their appointment”.

The bench of Chief Justice Kapadia and Justice A.K. Patnaik was hearing a petition by the Income Tax department challenging an adverse high court order on tax demand against Citi Bank.

 The court took exception to the inordinate delay in the filing of the government’s appeal challenging adverse verdicts in cases involving high tax demands.

The court made its observations while perusing the affidavit by Director of Income Tax, International Taxation, L.N. Pant who gave reasons for an inordinate delay in challenging adverse court orders involving the huge amount of tax demands.

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