Can Advocate General appear on behalf of an individual?
Pushkar Damle
(Querist) 29 September 2010
This query is : Resolved
I would like to ask the learned experts here that,
When the Advocate General is allotted one brief alongwith Asst Govt. pleader in a PIL against the State, one of the wrongdoer preferred to intervene as a Respondent on the basis of contradictions of statements filed by the Respondents as they have not safeguarded him and after becoming Respondent he unearths more wrongs and illegalities done by his colleagues with documentary evidence.
the matter was listed before the div bench and intervener (resp) prefers to remain absent and the Advocate General make submissions on his behalf. The PIL gets dismissed on the basis of the submissions of the AG and his name does not being recorded on that judgment, but the petitioner gets confirmation by way of correspondence to the Ag about his appearance on behalf of that intervener.
I want to know is it allowed by our constitution?, Advocates Rules and conduct of the AG?
if yes kindly provide the details and if no then please let me know what kind of action be initiated against the AG?
s.subramanian
(Expert) 03 October 2010
AG ought not to have appeared on behalf of the intervener. Your query states that there are contradictions in the stands taken by the respondents themselves. As such the AG who is the Chief legal adviser of the State Govt should not have resorted to such a practice which is unbecoming of his high and constitutional office.
