Can Additional Chief Standing Counsel Represent A Private Party? Allahabad High Court Seeks Report From State Law Secretary

The Allahabad High Court on Wednesday sought a report from the Principal Secretary (Law) & Legal Remembrancer about the rights and duties of Additional Chief Standing Counsel regarding his appearance on behalf of a private party as a counsel.

A bench of Justice Divesh Chandra Samant sought to know about the permissible scope of duties of State Law Officers, specifically whether an Additional Chief Standing Counsel can appear on behalf of a private party in a case where the State of Uttar Pradesh is already a party.

The bench was essentially dealing with a Criminal Revision petition filed in 2018 by a wife against the order of a Family Court rejecting her plea for maintenance under Section 125 CrPC.

On January 7, when the matter was taken up, Advocate Indrasen Singh Tomar, who serves as the Additional Chief Standing Counsel for the State, requested permission to appear on behalf of Opposite Party No. 2 (Husband), a private individual in the case.

This request was opposed by the counsel for the Revisionist-Wife. It was argued that since Advocate Tomar has been assigned to work as Additional Chief Standing Counsel, he cannot appear for a private party in a case in which the State of UP is a party.

To this, Advocate Tomar prayed for time to submit the requisite provisions that might authorize his appearance in such a capacity. The Bench granted him two weeks' time and deemed it necessary to obtain an official position from the State's legal department.

The Court observed, “It is also important to ask for a report from Principal Secretary (Law) & L.R. about the rights and duties of Additional Chief Standing Counsel in regard to his appearance on behalf of a private party as a counsel”.

Consequently, the Court directed the Principal Secretary (Law) & L.R. to submit a report along with the “requisite provisions/rules in this regard” within a period of two weeks.

Case title - Meera Devi vs. State of U.P. and Another

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