'Unwarranted Attempt To Interfere With Administration of Justice':AG Seeks Contempt Against Maharashtra Wakf Board

In a letter addressed to the Registrar (Judicial), the AG said that several Advocates representing the Maharashtra State Board of Wakfs, including himself, have been removed from the case, purportedly to interfere with the administration of justice.

The AG discloses one advocate, presenting himself as an advocate of the Board, has circulated a letter stating that the "since the matter is of urgent nature, the wakf board has made alternate arrangements to go ahead with the matter" as adjournment had been sought for two weeks on the count of the health of the Attorney General.

The said letter is sent by one Shashibhushan P. Adgaonkar, claiming himself to be the Advocate on record in the matter, the AG said.

The AG also wrote in the letter :

"Some shocking steps seem to have been taken by whosoever is behind the conduct of this case since-

i. firstly, my advocate on record has been changed;

ii. Shri Javed Sheikh, the special counsel appointed by the Wakf Board who has been instructing me in the Wakf Board cases from 2011 and who, in my opinion, is an authority on Wakf Law, has been removed from his post;

iii. Shri Gopal Sankaranarayanan , who had informed the court on the last occasion that I would be leading him and has been instructing me in the matter, has been withdrawn from the case."

The AG went to the extent of stating that the last minute changing of the counsel amounts to contempt of court as it interferes with administration of justice.

"The last such person who has been targeted is the Attorney General for India. All this interference with counsel who are to represent parties being removed at last minute is a serious, uncalled for and unwarranted attempt to interfere with the administration of justice. This clearly is an act of contempt of court".

The AG reminded that changing the AoR will not affect his right to pre-audience.

"It will be noted that when the Attorney General exercises his right of audience under Article 76(3) of the Constitution, he does it on his own right and need not exercise the right only on instructions from an advocate on record," the letter said.

CJI takes serious note of AG's complaint

When the matter was taken today, the Chief Justice of India took serious note of the grievance raised by the AG.

"This is not the way in which you have to behave with the AG..this is not proper", CJI told the Board's counsel.

"Yesterday there was a letter that I am not representing and I have been removed. So far this has never happened", the AG said.

"This is not the way you behave with the AG", the CJI repeatedly expressed his displeasure.

The Board's counsel expressed apologies.

The AG requested the CJI to take the letter on board so that necessary action can be taken.

"May I keep the letter on that day so that your lordships can take action? This cannot happen in the highest court", the AG said.

The matter has been adjourned to August 10.

Case Title: Maharashtra State Board Of Wakfs V. Shaikh Yusuf Bhai Chawla & Ors.| Special Leave to Appeal (C) No(s). 31288-31290/2011

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