Fresher Panel Lawyers Unable To Assist Court In A Proper Manner; They Should Be Subjected To An Orientation Course/Training: MP HC [Read Order]

The Bench of Justice Sheel Nagu observed the afore-said in a matter wherein the applicant before the Court was apprehending his arrest in connection with offences punishable u/Ss.294, 323, 324, 26, 506(2), 34 of IPC registered as Crime No.66/2020 by Police Station Malanpur, district-Bhind.

The Court granted him anticipatory bail on the Condition that applicant, as Shiksha Swayamsevak shall render physical and financial assistance to the government primary school situated nearest to the residence of the applicant for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the applicant

Court's Observations

"Fresher Panel Lawyers are unable to read and understand the MLC and the postmortem report and are not prepared. In matters of bail, where some of the fresher Panel Lawyer represent the state, they are not ready with answers to the questions which are ordinarily asked by the Court during the adjudication of bail applications", remarked the Court.

Further, the Court said that when a large number of cases are listed before the Court, the least that the Court expects of the counsel representing the State, which is the largest litigants, is to be prepared to answer the questions that are normally asked by the Court.

This Court also said that it was unaware as to whether the fresher Panel Lawyers acquire any exposure of appearing in cases in the High Court before being appointed as Panel Lawyers or not, and whether these Panel Lawyers have practised on the side in which they are representing the State as Panel Lawyer.

In this context, the Court remarked,

"This court not only suggests but expects from the State, the learned Advocate General at Jabalpur and the learned Additional Advocate General at Gwalior that before deputing a Panel Lawyer to represent the State in any case before the High Court and the said Panel Lawyer has no experience to appear in the High Court, such fresher Panel Lawyer should be subjected to an orientation course/training for a few days or a few weeks as thought fit by the State/Advocate General/Additional Advocate General at Gwalior, by holding training sessions in the shape of classroom training (for theory) and simultaneously asking the freshers Panel Lawyer to sit alongside the experienced Panel Lawyer/Government Advocate etc. to learn the basics." (emphasis supplied)

The Court further said,

"After the end of the training/orientation course which may be of a few days or few weeks as thought fit by the State/Advocate General/Additional Advocate General, a test should be held by Advocate General at Jabalpur and Additional Additional Advocate General, at Gwalior of such fresher Panel Lawyers to choose the ones who pass the test to be deputed to independently represent the Govt. before the High Court." (emphasis supplied)

Lastly, the Court opined that if the aforesaid procedure is adopted, the quality of assistance to the Court by Panel Lawyers would increase manifold, thereby facilitating the justice dispensation system.

The Principal Registrar of the Court was directed to serve a copy of this order to the learned Advocate General at Jabalpur, Additional Advocate General at Gwalior and the Principal Secretary, Law and Legislative Affairs Department, Bhopal.

[With inputs from Advocate Mudit Maheshwari]