JOIN USSC asks states to appoint 'clean' advocates
The Supreme Court has asked state governments to ensure that only competent lawyers with integrity and clean antecedents are to be appointed as government counsel in subordinate courts in order to avoid any miscarriage of justice.
A bench of justices Vikramjit Sen and Abhay Manohar Sapre said the correct approach was to ensure the competency of advocates for appointment of additional district government counsel, assistant district government counsel, panel lawyers and sub district government counsel.
“It is beyond cavil that it is in the interest of the dispensation of criminal justice that only competent counsel possessing integrity should be appointed, since otherwise, there is a strong possibility of miscarriage of justice. In choosing them, the state will not only have to be satisfied of their forensic competence, but also that they are bereft of any criminal antecedents,” Justice Sen said in his verdict.
The court was dealing with an appeal filed by the Uttar Pradesh government against an Allahabad High Court order that had in 2014 quashed the state government’s decision to terminate appointment of government advocates.
The high court had directed the state government to consider renewal of their appointments and directed the district judge and district magistrate that no person having criminal antecedent should be permitted to work as district government counsel.
Allowing the government’s plea, the apex court bench said the high court adopted “incorrect approach” by directing re-appointment or renewal of existing government counsels as it would dilute, nay, dissolve the discretion of the state government to appoint advocates whom it finds trustworthy.
In his concurring and separate verdict, Justice Sapre said the law laid down in 2004 verdict must be followed wherein it was held that the state government was free to determine and that the courts must be circumspect in the exercise of judicial review on such matters.