SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]

The Supreme  Court bench of Justices Arun Mishra and Mohan M.Shantanagoudar, on September 8, protected the Uttar Pradesh Advocate General, Raghavendra Singh, whose failure to appear before the Allahabad High Court, despite repeated calls to him on July 28, forced the High Court to summon the state Chief Secretary, to express its displeasure.

The High Court bench of Justices Ramesh Sinha and Rekha Dixit, had found the AG’s absence, despite repeated calls to him through other Government counsel, contemptuous, but restrained itself from issuing notice to him.  Instead, the High Court bench found it more appropriate to refer the matter to the Chief Minister, through the Chief Secretary, whom it summoned on August 3.  The High Court bench was annoyed that the Advocate General chose to be absent even though the cases it was hearing were serious, and involved allegations of political influence in investigations by the police into heinous offences.

Meanwhile, the State Government obtained a stay on the summoning order from the Supreme Court.

The Supreme Court held that the High Court was wrong in insisting  filing of personal affidavit by the Chief Secretary, and his presence, and the observations made in the Orders were wholly unnecessary and uncalled for.   The bench expunged the adverse observations made in the orders on July 31, and August 1.

The Supreme Court found that it was not necessary to call the Chief Secretary to deal with the matter.  “Let affidavit be filed by the concerned officer in-charge that would be sufficient in the matters”, the Supreme Court held in its order.  “We hope and expect dignity to prevail at all the ends”, the bench observed, as if to advise the High Court bench not to precipitate the matter further.

On August 4, the Supreme Court requested the High Court Judges “not to precipitate any further unsavoury situation”.

The State Advocate General had assured the Supreme Court that he had utmost respect to the High Court.  Taking note of his statement, the Supreme Court had requested the Attorney General, K.K.Venugopal, and the Supreme Court Bar Association president, Rupinder Suri, apart from the Chief Justice of the High Court to look into the matter to resolve the situation.