Substitution of state counsel with an independent counsel
Querist :
Anonymous
(Querist) 26 June 2023
This query is : Resolved
Hello all,
We are in a strange situation where the counsel for the opposite party has become the Advocate General (AG). He is publicly known to be highly unethical.
All Deputy and Additional AGs are his subordinates, and now they strongly oppose anything of ours, even preponement applications, treating them as their personal matter. Even our counsels were shocked by this. The opposite party has gotten a strong advantage due to this situation.
• Can we move an application to get an order for substitution of the state counsel with an independent counsel, who does not report to the AG, like it is in some cases, to ensure a level playing field? Or please suggest some other solution.
Sorry for being anonymous but it is important.
Isaac Gabriel
(Expert) 27 June 2023
As he had appeared for them, legally he is barred. Even judges will not.take up the cases when he was.as councel when he previous appeared in lower.courts..
T. Kalaiselvan, Advocate
(Expert) 27 June 2023
Subsequent to be appointed as Advocate General he cannot continue his personal cases, he has to hand them over to his juniors or other advocates, you can insist on your advocate to inform the court about this issue stating that he has no locus standi to represent his client at this stage.
Querist :
Anonymous
(Querist) 27 June 2023
Thanks for the replies. Now he is not appearing himself after becoming Advocate General, but rather his subordinates, the Deputy and Additional Advocate Generals are appearing while also taking personal interest and giving an advantage to the opposite party, as described earlier.
Any way to have an independent counsel substituted in place of the subordinates of Advocate General, on the behalf of the state?
K Rajasekharan
(Expert) 27 June 2023
It is not permissible as per the law in force and the case laws.
What the victim can do is seek the permission of the court to appoint a counsel for assisting the Public Prosecutor. But it is not possible to replace the PP with that counsel, except when the state government appoints someone as Special Prosecutor with the concurrence of the victim, on political grounds in special circumstances.
An article on this issue is there at https://lawwatch.in/role-of-the-victims-advocate-in-criminal-proceedings/
