State Must Ensure Only Competent Lawyers Are Appointed To Represent It, Can't Afford Misinformation In Matters Of Life & Liberty: P&H HC

The Punjab & Haryana High Court has said that "the State is obligated to ensure that only competent and ethical professionals are entrusted with the responsibility of representing the State before the Court."

Justice Manjari Nehru Kaul added that, "the legal system cannot afford the luxury of laxity or misinformation in matters where liberty and life are at stake."

The development came following the demise of an undertrial awaiting medical bail, the Court flagged the failure of Haryana government counsel who made misleading submissions before the Court.

The Court reminded that it is incumbent upon a State counsel to present facts with absolute accuracy, without suppression, distortion or misrepresentation.

It observed that the Supreme Court has repeatedly emphasized that "a public prosecutor must uphold the highest standards of integrity and objectivity, ensuring that justice is not compromised due to negligence, misrepresentation, or concealment of facts."

Consequently, the Court reiterated certain foundational principles governing the conduct of public prosecutors and State counsel including following:

(i) a public prosecutor is an officer of the Court, not a mouthpiece for the police or the State. Their duty is to ensure that justice is served, irrespective of the verdict of the Court.

(ii) Suppressing material facts, misrepresenting or misleading the Court in any manner constitutes a serious violation of prosecutorial ethics and an affront to judicial integrity.

It is pertinent to note that the Supreme Court recently bemoaned the trend of Governments appointing Government Pleaders and Public Prosecutors in High Courts on political considerations. The Court said that "favouritism and nepotism" should not be factors while appointing Government Pleaders and Public Prosecutors.

The Apex Court said  that Public Prosecutors must assist the Court objectively without showing the "thirst" to secure conviction.

Other Report From Order: Undertrial Dies Awaiting Medical Bail: P&H High Court Pulls Haryana Govt Counsel For 'Misleading Court'

Title: Subhash Chander Dutt v. State of Haryana