'How State Government & Its Department Can Engage Two Separate Advocates?' Supreme Court Questions Delhi Government

The Supreme Court recently expressed surprise when a counsel appearing for the Delhi Forest Department claimed that he was not representing the Delhi Government. The Court wondered how the State Government and its department can have two different advocates.  

“We wonder how the State Government and one department of the State Government can engage two separate Advocates.”, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan remarked.

The bench was hearing a matter pertaining to enhancing green cover in the National Capital Territory of Delhi.

On January 17, 2025, the Court had directed the Delhi Government to file an affidavit regarding action within three weeks, if any, initiated in respect of the non-forest lands mentioned in the application.

On the next date of the hearing, the Court noted that its earlier direction has not been complied with. When the Court raised this issue, the lawyer stated that he was not appearing for the Government of Delhi but was appearing for the State Government's Forest Department.

Expressing shock over the forest department's lawyer, the Court stated how two different advocates can appear for the same government.

In this regard, the Court directed “the Registry to immediately communicate this order to the Chief Secretary of the Government of Delhi who shall personally ensure that compliance is made with our order dated 17th January, 2025 within a maximum period of three weeks from today.”

Further, the bench clarified that “if compliance is not made within the time stipulated, an action under the Contempt of Court Act, 1971 will be initiated against the concerned officers of the Government of Delhi.”