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SC responds: Khemka fails to understand the essence of rules

By IndianMandarins- 15 Jul 2020


The Supreme Court of India has taught a lesson to senior IAS officer Ashok Khema in the Haryana government about court proceedings. The SC observed that it appears Khemka gives precedence to his ego over court rules and demanding reforms in this for his own convenience.

The court stated that neither rules are made for a section nor any particular section is given any concession. A rule is good when it serves people as such and is in the welfare of the common man. Khemka sought permission to argue the matter in the court himself by saying that IAS officers who run the administration across the country, can’t they help the court by arguing in the Supreme Court. He also challenged the Supreme Court Rule (Order 4, Rule 1).

Actually one has to undergo certain processes before he is allowed to argue in SC. Application of the petitioner is accepted only after it is served to the competent authority which in case of Khemka is the Haryana government. The application of Khemka was rejected on the ground that the Intervention Application (IA) was not served to the petitioner. After that Khemka wrote a letter to the SC.

The court in its three-page letter says that Khemka considers himself wise and competent but failed to understand the logic behind Order 4 Rule 1. Registrar gives its opinion under this that if anyone can help by arguing to settle the case. These rules don’t question anyone’s competence and knowledge. It is not necessary that a doctor, engineer, and administrator are able to help the court as a lawyer does.

Under Order 4, Rule 1 a person has to tell the court why he does not want to take the help of a lawyer. The application goes to Registrar who interviews and sends his report to the court if the person is competent or not or there is a need to appoint Amicus Curiae.

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