UP Govt Apprises Allahabad High Court Of Its Circular Governing Procedure For Filing Govt Appeals Against Acquittal Orders

The Uttar Pradesh Government recently apprised the Allahabad High Court of its circular governing the procedure for filing the government appeal against the order of acquittal.

This was done pursuant to two orders of the High court (the Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav) asking the State Government to furnish the details of the concerned policy/government order/circular.

Essentially, the Bench had issued the order after it dealt (and dismissed) with two such government appeals on March 30, wherein it found that the prosecution could not bring any evidence before the trial court for conviction of the accused persons implicated in both the cases.

Significantly, dismissing both the Government appeals, the Court had wondered as to under whose opinion/advice both the government appeals were filed in both the matters when the prosecution had no evidence against the accused persons.

Read more about the cases here: Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders

On April 8, the Government of UP submitted before the Court that it has issued a Government Order dated 22.02.2022 laying guidelines in the matter of institution of Government Appeal before this Court.

The Court noted that para-2 of the Government Order dated states that the State Government has taken a decision to obtain the joint opinion of the Legal Remembrancer, Government of U.P. and the Government Advocate/ Additional Government Advocate, High Court Allahabad before the institution of a Government appeal.

The Court also observed that the said Government order had been issued in line with the para-18.14 of Legal Remembrancer Manual (LR manual) and the directions issued by this Court from time to time to lay down the procedure for obtaining the opinion of the Government Advocate before the institution of a Government Appeal.

Significantly, it was submitted before the court that pursuant to the decision of this Court in Criminal Appeal no.2545 of 2011 (State of U.P vs Bablu) proper consultation before the institution of Government Appeal was being made pursuant to the Government Order dated 13.04.2012 and the said procedure had been followed till 2018.

However, it was further told to the Court that with the passage of time, due to the onset of COVID-19, the Committee constituted pursuant to the Government Order dated 13.04.2012 could not function properly, and therefore, in order to streamline the procedure, the Government had come up with an Order dated 22.02.2022.

Further, when the Government of UP submitted before the Court that it shall strictly follow its Government order, the Court disposed of the matter with the following observation:

"Taking note of the aforesaid submissions of Sri Patanjali Mishra, learned Government Advocate, we put this matter at rest with the hope and trust that the Government Order dated 22.02.2022 will be followed in its true letter and spirit and no Government Appeal in a casual manner would be filed. This order be brought to the notice of the Advocate General, U.P, Government Advocate, High Court, Allahabad and the Legal Remembrancer, Government of U.P to ensure strict compliance."

Case title - State of U.P. v. Vasdev Chauhan S/O Brahmchari And Another

Case citation: 2022 LiveLaw (All) 188

Click Here To Read/Download Order