Gandhinagar: The Gujarat government has introduced a Standard Operating Procedure (SOP) for time-bound action on High Court judgments, directing administrative departments to decide promptly whether to implement a court order, challenge it through an appeal or seek additional time for compliance.
The Law Department’s new framework is aimed at reducing delays in implementing judicial orders and preventing situations that could lead to contempt of court proceedings.
Departments Must Decide on Judgments Within Prescribed Timelines
Under the SOP, if a department accepts a High Court judgment, it will have to initiate the required implementation process in accordance with the applicable financial and administrative procedures.
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If the department intends to challenge the judgment, it must initiate the appeal process within the prescribed period after obtaining the necessary advice from the Law Department and recording the department’s own assessment.
The concerned department will also have to ensure compliance with directions issued under the government’s June 29, 2024 litigation-related instructions.
Appeal Proposals to Carry Complete Documentation
The SOP also lays down documentation requirements for proposals seeking to challenge High Court judgments.
Documents referred to in the e-file note will have to be uploaded on the e-Government system, with relevant references and hyperlinks clearly identified. Proposals will also have to contain the required information in a prescribed checklist.
Where there has been a delay, the reasons will have to be recorded and the checklist signed by the competent authority.
The government said the documentation requirements are intended to reduce delays arising from incomplete proposals and repeated correspondence.
Accountability for Delays
The SOP places responsibility on the concerned administrative department for avoiding delays in forwarding proposals to the Law Department.
Departments have been cautioned against sending appeal proposals only at the end of the prescribed period, leaving insufficient time for the litigation process.
If an officer is found responsible for violating the prescribed timeline, the Head of Department will be responsible for ensuring action under the applicable rules.
Departments Can Seek More Time From High Court
The government has also provided for situations where an order cannot be implemented within the period specified by the High Court.
Reasons could include the non-availability of necessary records or information, or the need to complete a decision-making process before implementing the judgment.
In such cases, the concerned department will have to approach the High Court through a Miscellaneous Civil Application seeking extension of time.
The application must be filed within the timeframe prescribed in the original judgment rather than waiting until the deadline has already expired.
SOP Seeks to Reduce Risk of Contempt Proceedings
The new framework is intended to create a defined administrative process for responding to judicial decisions and ensure that court orders do not remain pending without a decision.
It also builds on Gujarat‘s broader litigation-management approach, under which the state has sought greater discipline in deciding whether government departments should pursue appeals and has emphasised accountability for avoidable delays.
The SOP comes amid continuing efforts by the Gujarat judiciary and government to strengthen compliance mechanisms and reduce procedural delays in litigation involving the state. The Gujarat High Court itself publishes various compliance-related SOPs and directions concerning court administration and case management.
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