Rajasthan: The Rajasthan High Court has taken suo motu cognizance of a serious issue concerning access to justice, following a news report revealing that several permanent Lok Adalats across the state have ceased functioning due to a government order.
Justices Shree Chandrashekhar and Sandeep Shah issued the order, addressing the disruption of judicial services that has left thousands of cases pending resolution.
The court acted upon a report published in Dainik Bhaskar dated 13th May 2025, which highlighted that 16 permanent Lok Adalats stopped functioning pursuant to a State Government order dated 9th April 2025. The report indicated that approximately 972 cases are pending in Jodhpur alone, with the court estimating that nearly 10,000 cases may be awaiting settlement through permanent Lok Adalats across the state.
In addressing the issue, the court referenced the Supreme Court judgment in Brij Mohan Lal v. Union of India & Ors. (2012), which upheld the jurisdiction of constitutional courts to interfere with policy decisions when the right to speedy justice is at stake.
The judgment stated: “It is a settled principle of law that matters relating to framing and implementation of policy primarily fall in the domain of the Government… Normally, the courts would decline to exercise the power of judicial review in relation to such matters. But this general rule is not free from exceptions. The courts have repeatedly taken the view that they would not refuse to adjudicate upon policy matters if the policy decisions are arbitrary, capricious or mala fide.”
The High Court added five respondents to the proceedings: the State of Rajasthan through the Chief Secretary, the Additional Chief Secretary-cum-Finance Secretary, the Secretary of the Department of Personnel, the Principal Secretary of the Law & Legal Affairs Department, and the Member Secretary of the Rajasthan State Legal Services Authority.
Mr. Mahaveer Bishnoi, Additional Advocate General, accepted notice for the Chief Secretary and the Additional Chief Secretary-cum-Finance Secretary. Mr. Ayush Gehlot, assistant to Mr. Rajesh Panwar (Additional Advocate General), accepted notice for the Principal Secretary of Law and Legal Affairs and the Secretary of the Department of Personnel. Mr. Deepak Chandak accepted notice for the Member Secretary of the Rajasthan Legal Services Authority.
The court has directed all concerned authorities to file their responses by Thursday, 15th May 2025. Senior counsel Mr. Manish Sisodia has been appointed as Amicus Curiae to assist the court in the matter.
Case Title: Suo Motu vs. The State of Rajasthan & Ors.
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