Maintain Old Panel Of Advocates For At Least Six Weeks After Govt Change To Avoid Adjournments: Supreme Court To States/UTs

The Court added, “It is true that the States/Union Territories have the power to change their empanelled Advocates, but while doing so, they must ensure that the Court's functioning is not adversely affected.”

Against this backdrop, the Top Court has proposed that the States/Union Territories maintain the previous panel of Advocates for at least six weeks while changing the panel of Advocates. This was suggested to avoid adjournments.

“Therefore, it will be appropriate if the States/Union Territories while changing the panel of Advocates continue the old panel for at least 06 weeks so that the Courts are not forced to grant adjournments. We direct the Registry to circulate a copy of this order to the Standing Counsel representing all the States/Union Territories.”

The Division bench of Justices Abhay S Oka and Ujjal Bhuyan made these observations while hearing a bail application of an accused charged with criminal cheating under the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1988.

On the last occasion, the State did not file a counter affidavit because a new panel of State counsel had come into effect. In view of this, the Court made the following observations:

“During the last few days, we have noticed that this is happening with many States. It is no doubt true that the States have a freedom to change their panel, but they cannot change the panel in such a manner that it will cause prejudice to the functioning of the Courts.”

Following this, the Court also asked the Secretary of the Ministry of Law, State of Uttarakhand to be present before it.

The secretary was present when the matter came up next on April 01. Further, the State Counsel informed the Court that the panel change occurred because no change had occurred for the last 07 to 08 years.

Noting this, the Court suggested as mentioned earlier. Apart from this, the Court also granted bail to the accused on the ground that the co-accused persons were enlarged on bail and that the present accused had been in custody for more than one and a half years.

Advocate Aadil Singh Boparai appeared for the petitioner. 

Case Title: SACHIN KUMAR vs. THE STATE OF UTTARAKHAND., Diary No.- 51567 – 2023

Citation : 2024 LiveLaw (SC) 270

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