Request to change state counsel, as it would benefit a party
(Querist) 14 September 2022
This query is : Resolved
We are in a peculiar situation where, in a Criminal Revision clubbed with a Criminal Appeal pending before the High Court, the advocate for complainant (opposite side) has become the Advocate General (AG). The said advocate had also appeared for the complainants in other petitions, connected with this case.
Earlier the said advocate (before becoming the AG) could not appear in the appeal, as the case is against the state, and he could only appear in the Criminal Revision, filed by the complainants, which is clubbed with the appeal.
Now considering the said advocate has become the Advocate General, the complainants have gotten an advantage and the said advocate can even appear in the Criminal Appeal, although for the state, but this will benefit the complainants. Furthermore, since all the subordinates in the AG office also report to the said advocate now, even if any of them appears for the state, it will again benefit the complainants.
• Can we request the High Court to have the state appoint an independent advocate, considering the above situation? Should we file an application in this regard?
It has come to my knowledge that in some cases, the state is being represented by independent advocates, perhaps for other reasons. Please help.
Dr J C Vashista
(Expert) 25 September 2022
In case the AG appears (on behalf of State) inform the Court accordingly, he cannot be permitted. It is appreciable action on the part of AG, when he recuses himself, if subject appeal and / or revision is allocated/ marked to him. Officially or unofficially you should impress upon Chief Public Prosecutor to avoid allocation of subject appeal / revision to such AG.