Standing Counsel Appears For Private Parties Against Govt: Calcutta HC Seeks Reply From Bar Council Of India, State Bar Council [Read Order]

The Bench of Justice Bibek Chadhuri has asked the Central Government, Bar Council of India, Bar Council of West Bengal, Standing Counsel Sayantan Basu and other private Respondents, to file their replies within three weeks.

The order has come in a petition filed by one Kanishk Sinha, alleging that Basu, a panel Counsel for the Central Government, had been appearing as a proxy counsel for private parties in litigations against the Government.

Citing a number of such instances, he submitted that Basu had violated Rule 4 of the Rules on Professional Standards and Rule 8 of the Rules on an Advocate's Duty Towards the Client.

Reliance was also placed on an Office Memorandum dated 08.02.2018, issued by the Central Government, restricting its panel lawyers from accepting briefs that are opposed to the interests of the Government.

"Free and fair trial is Sine qua non of Art. 21 of the Constitution. It is trite law that justice should not only be done but is should be seen to have been done. If the criminal trial is not free and fair and not free from bias, judicial fairness and the criminal justice system would be at stake shaking the confidence of the public in the system and woe would be the rule of law," the Petitioner had submitted.

The matter will be taken up after eight weeks.

Case Title: Kanishk Sinha v. Bar Council of India & Ors.

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