'Standing Counsels Lack Legal Acumen, Knowledge Of Key Supreme Court Rulings': Allahabad HC Seeks Principal Secy's Personal Affidavit
The Allahabad High Court, on Monday, called for a personal affidavit of the Principal Secretary(Law) of the State of Uttar Pradesh seeking his response as to how the appointment was made on the post of Standing Counsel for the State. This is the second such order in a single day wherein the HC has flagged concerns regarding inadequate legal assistance from Government advocates. On...
The Allahabad High Court, on Monday, called for a personal affidavit of the Principal Secretary(Law) of the State of Uttar Pradesh seeking his response as to how the appointment was made on the post of Standing Counsel for the State.
This is the second such order in a single day wherein the HC has flagged concerns regarding inadequate legal assistance from Government advocates. On Monday itself, in another case, the Court sought the opinions of the Principal Secretary (Law & Remembrancer) and the Advocate General as to how the issue is sought to be addressed by them.
“The Principal Secretary (Law) shall file his personal affidavit indicating as to how such Standing Counsels have been appointed which do not even have the legal acumen or knowledge of relevant case laws having a bearing on the cases being taken up and of informing the Court about judgements which have been passed from time to time by Hon'ble Apex Court and which have got a direct bearing in the matters which are being listed before this Court and as to how the piquant situation is to be addressed,” observed Justice Abdul Moin.
The writ petition was filed challenging the cancellation of the Fair Price shop license and the subsequent dismissal of the appeal. The writ petition was filed on 10th February, 2023 and the then Standing Counsel had sought time for instructions on 14th February, 2023. Since the Standing Counsel present before the Court could not assist the Court on the legal point, the Court observed thus:
“Despite lapse of almost a year learned Standing Counsel has failed to inform the Court or to give legal assistance on the point that in view of the judgement of Hon'ble Apex Court in the case of Ram Kumar (supra) that subsequent allottee has to be impleaded as a party.”
Considering the earlier order passed by the Court on the same day, the Court sought a personal affidavit of the Principal Secretary(Law) of the State of Uttar Pradesh within two weeks. The Court observed that in case of failure to file a personal affidavit, the Court may summon the Principal Secretary(Law) before the Court.
Case Title: Dileep Kumar Dube v. Addl. Commissioner , Administration 2nd Devipatan Division,Gonda And 2 Others [WRIT - C No. - 1188 of 2023]
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