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Judiciary

States not to change panel of lawyers at least 6 weeks upon change of party in power: SC [Read Order]

By Jhanak Singh      04 April, 2024 11:44 AM      0 Comments
States not to change panel of lawyers at least weeks upon change of party in power SC

NEW DELHI: The Supreme Court has asked the States and Union Territories to wait for six weeks after change of political party in power to select a new panel of lawyers to represent them before the court as it often led to adjournments due to lack of instructions.

"During the last few months, this court has noticed that after the change of power from one political party to another, the States/Union Territories are changing their panel of advocates appearing in this court. Therefore, this court is required to grant adjournments from time to time on the ground of change," a bench of Justices Abhay S Oka and Ujjal Bhuyan said.

The court faced the piquant situation after it was informed there was no instruction in a bail matter due to change in panel of lawyers for the Uttarakhand government.

The Uttarakhand law secretary, who was asked to be personally present before the court, submitted that the change in the panel of lawyers was effected as same set of counsel continued for the last seven to eight years.

"It is true that the States/Union Territories have power to change their empanelled advocates, but while doing so, they must ensure that the court’s functioning is not adversely affected. Therefore, it will be appropriate if the States/Union Territories while changing the panel of advocates continue the old panel for at least six weeks so that the courts are not forced to grant adjournments," the bench said.

The court directed its Registry to circulate a copy of the order to the Standing Counsel representing all the States/Union Territories.

The bench also granted bail to appellant Sachin Kumar in a case related to use of unfair means in the examination conducted by the Uttarakhand Subordinate Service Selection Commission.

The bench noted the appellant has undergone incarceration for a period of more than one and a half years, while the charge sheet has been filed, charges have been framed and at least four co-accused have been released on bail.

 

[Read Order]



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