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Prakash Yedhula (Lawyer)     12 October 2010

TN AG recuses from lottery case after CMs request

 

 

Tamil Nadu Advocate General P S Raman, whose appearance in the lottery case in Kerala has drawn its government's ire, has recused himself from the case following a request from Chief Minister M Karunanidhi.

This comes three days after Kerala Chief Minister V S Achuthanandan's conveyed to Karunanidhi his government's "deep concern and displeasure" over Raman's appearance in the case.

In response to Achuthanandan's letter on October 8, Karunanidhi said he had the matter examined.

As advocate general of Tamil Nadu, Raman is debarred from advising or holding briefs against the state of Tamil Nadu or its instrumentalities, Karunanidhi said.

"The advocate general of Tamil Nadu (as in most other states) is at liberty to have a practice that does not require our prior permission," he said in a letter to Achuthanandan, a copy of which was released to the media today.

"In the present case, Raman has appeared in his capacity as senior counsel and not as advocate general of Tamil Nadu. Therefore, there is no legal bar in his having done so," he said.

"However, since you (Achuthanandan) have written to me in this regard based on the state cabinet's decision, I have requested P S Raman to withdraw from the case," Karunanidhi said.

Raman has agreed to recuse himself from the lottery case in deference to his request though legally or constitutionally there is no bar, Karunanidhi said, adding, he hoped this puts a closure to the matter.

Achuthanandan had said Raman's appearance in the case against the Kerala government's stand on the lottery issue amounted to violation of constitutional norms. He wanted Karunanidhi to view Raman's conduct seriously and examine the matter and the constitutional issues involved.

His letter to Karunanidhi came in the wake of the state cabinet deciding to take up the issue with the neighbour.

Raman had appeared in the Kerala High Court on Monday last for Megha distributors, promoters of Bhutan and Sikkim lotteries, after Congress spokesperson Abhishek Singhvi, who earlier represented the dealer, withdrew following strong protests from Congress in the state.

The lottery issue had kicked up a major controversy in Kerala as Congress accused the LDF government of helping promoters of other state lotteries who were allegedly siphoning of huge amounts and evading tax.

The state government has said that it is up to the Union government to curtail other state lotteries.

"In this case, [Raman] has appeared in his capacity as senior counsel and not as AG of Tamil Nadu. Therefore, there is no legal bar in his having done so. However, since you have written to me in this regard based on the Cabinet's decision, I have requested him to withdraw from the case," said Karunanidhi in his letter. 

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 2 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     12 October 2010

 CONGRESS PARTY VIEWED IT VERY SERIOUS AND MR. ABHISHEK MANU SANGHVI WAS KEPT FROM THE POST OF OFFICIAL SPOKE PERSON OF THE PARTY.

IN CASE OF AG OF T.N THE SAME THING CAN BE DONE BECAUSE ,THE  A.G POST IS A CONSTITUTIONAL POST.

girishankar (manager)     10 December 2010

hmmm


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