Section 201 in The Rajasthan Law And Judicial Department Manual, 1952
201. Procedure in cases in the Supreme Court under Article 32 of the Constitution.
(1)Whenever a notice of a petition in the Supreme Court under Article 32 of the Constitution is received by any Department of the Government, that Department shall forthwith endorse a copy thereof and of its enclosures (in duplicate) to the Law and Judicial Department (C) for information, and at the same time, take necessary steps for collecting all such information and documents as may be material to the case. The concerned Department shall also, at the earliest, name and appoint a senior officer conversant with the facts of the case as officer-in-charge who shall, represent the Government and shall be generally responsible for the preparation and conduct of the case.(2)On receiving intimation of notice of a petition under Article 32 of the Constitution, the Law and Judicial Department, shall intimate the fact to the Advocate-on-Record at New Delhi, Assistant Government Advocate, Central Agency, Room No. 138, "P" Block, Ministry of Law, New Delhi. Telegraphic address is cen-gency and shall also send him a Vakalatnama. If the notice is received directly in the Law and Judicial Department it shall forward the same together with its enclosures to the Department concerned which shall then take necessary steps for the appointment of the officer-in-charge and for collecting all such information and documents as may be material to the case as indicated in the preceding paragraph.(3)The Department concerned shall without delay prepare the return and the affidavit in consultation with the Government Advocate at Jodhpur and forward a duly signed return and a duly signed and sworn affidavit to the Law and Judicial Department (C) along with 9 spare copies thereof (in all 10 copies). In complicated cases the Department concerned shall also furnish a separate note of instructions for the use of the Standing Advocate-on-Record of the Central Agency at New Delhi. Such note of instructions should be sent in duplicate.(4)The Law and Judicial Department shall then transmit all the papers mentioned above together with necessary instructions for the proper conduct of the case to the Standing Advocate-on-Record of the Central Agency at New Delhi and shall also specify the counsel who will argue the case in Supreme Court.(5)In respect of writ petitions against an officer of the Government in his judicial or quasi-judicial capacity where Government interests are not involved, the guiding principles with regard to the need for representation by a Law officer will be the same as set forth in para (5) (a) and (b) of rule 200.(6)When a writ case in the Supreme Court is assigned by the Government to the Advocate-General, the Government Advocate will assist the Advocate-General in the preparation of the return and the affidavit and in drawing up any instructions for the proper conduct of the case by the Standing Advocate-on-Record and counsel at New Delhi.Note 1. - The expression "Government Advocate" in 200 and 201 rule includes any Law Officer other than the Advocate-General to whom any particular case is, subject to any specific orders to the Government, assigned by the Government Advocate.Note 2. - When in any such case in the Supreme Court costs are awarded to the Government expeditious action should be taken by the officer-in-charge to recover the costs out of the security amount deposited by the petitioner by giving necessary notice under rule 409 of the Rules of the High Court of Rajasthan, 1952.
