Section 24(4) in Conduct of the Government Litigation, Rules, 2000
(4)The Standing Counsel or Public Prosecutor concerned in the High Court shall, if the administrative department concerned so directs, prepare a counter affidavit in reply to the Special Leave Petition, Petition of Appeal and stay or injunction application, as the case may be, on the basis of parawise remarks and instructions received from the administrative department concerned. The counter affidavit shall be shorn in by the competent officer of the administrative department concerned before the Registrar or any competent officer of the High Court as the case may be. The counter affidavit then shall be sent by the administrative department concerned to the Standing Counsel in the Supreme Court so as to reach him within the time fixed for filing it in the Supreme Court. The Government Advocate or Public Prosecutor concerned shall supply a copy of the counter affidavit prepared by him to the Legal Remembrancer.Explanation: - It is, however, entirely left to the discretion of the administrative department concerned to entrust the work of drafting of counter affidavit to the Government Advocate or Public Prosecutor concerned in the High Court or the Standing Counsel in the Supreme Court.Note: - The limitation period for filing special leave to appeal to the Supreme Court in a case involving death sentence is 60 days from the date of the judgement, order or sentence under Article 133 (a) of the Limitation Act, 1963.
