Allahabad High Court Displeased Over Govt Counsels' 'Miserable Failure' To Assist Court, Seeks Views Of Principal Secy, AG

A bench of Justice Abdul Moin passed this order while dealing with a writ petition filed to challenge an order passed by the prescribed authority under Section 12-C of the Uttar Pradesh Panchayat Raj Act, 1947 in an election petition.

Essentially, during the hearing in the matter, when a legal argument was raised by the counsel for the petitioner, the Standing counsel initially sought time to seek instructions on the legal point or for having the case passed over.

Emphasizing the crucial need for Standing Counsels to thoroughly study and address legal matters before the Court, the bench highlighted its consistent observation of this recurring issue wherein government advocates failed to effectively assist the court.

“This Court has repeatedly been observing that despite various opportunities having been given to the learned Standing counsel to address the Court on the legal points the learned Standing counsels have miserably failed to assist the Court on the legal points as are urged. This aspect of the matter cannot be ignored by this Court more particularly when repeatedly time has been granted to the learned Standing counsel to pull up their socks and address the Court on the legal point as are repeatedly being urged by the counsel who appear on behalf of the petitioner. This Court is constrained and pained to observe that no assistance is rendered by the learned Standing counsels,” the Court observed.

The Court was compelled to pass this order as it noted that in the entire previous week [January 2-January 5], the Standing counsels appearing before it were warned that in case things are not set right at their end and assistance is not provided by them then the Court may be compelled to pass orders against them.

However, it appears that the warning as issued by this Court, as usual, have fallen on deaf ears, the Court added.

Consequently, the Court sought the views, within two weeks, of the Principal Secretary (Law & Remembrancer) and the Advocate General as to how this issue of non-assistance by the Standing counsel is sought to be addressed.

The Court added that in case of failure, it would be compelled to summon the Advocate General and the Principal Secretary (Law & Remembrancer).