Can Govt Counsel Appear For Accused In Criminal Cases Registered By State? Calcutta High Court Calls For Report

The Calcutta High Court has called for a report from the legal remembrance of the government of West Bengal on whether government retainer counsel can be allowed to appear for accused in criminal cases registered by the State.

Justice Tirthankar Ghosh was hearing a case on behalf of BJP leader Arjun Singh, and recalled that even earlier when the present Advocate General had appeared for Recruitment Scam accused Partha Chatterjee, he had asked the counsel to obtain permission from the legal remembrance.

"This I will not allow...there must be a discipline. There must be some attachment towards the state or centre, whoever. LR will submit a report on whether government retainers are allowed to appear on behalf of accused in a criminal case registered by the state. In case special permissions are granted, reasons must be assigned. Criminal cases involve material which have far reaching consequences on movement of investigation. Such diaries are to be handed by the state counsel."

"Once retainership is accepted by advocate, no private briefs can be accepted. This is a known principle. Appointing authority of the retainer counsel shall submit a report on what principles are being followed by the state of West Bengal," the Court added.

The court also orally remarked that, "Nothing will be left after this, State of West Bengal will become a casualty."

Accordingly, in calling for the report, the Court listed the matter for hearing on a later date.

Case: ARJUN SINGH VS STATE OF WEST BENGAL AND ORS.

Case No: WPA/25674/2024