Fresh panel lawyers who are representing the state should be trained as they are unable to assist the court in a proper manner, said the Madhya Pradesh High Court on Friday, October 16th, 2020. The HC stressed and said that they should be trained well before they are allowed to represent the state in HC. While observing a case where the arrest was under the offences punishable under Section 294, 323, 324, 26, 506(2) and 34 of the Indian Penal Code, 1860, the bench of Justice SheelNagu observed the aforesaid.
The court said that the least in which the court expects that the counsels representing the state should be prepared to answer the court's questions which the court normally asks. The court also said that whether the courts have represented in HC before becoming a panel lawyer is not known by the court. The court said that that it hinders the justice system and if the panel lawyers provide quality assistance the justice dispensation system will be facilitated.
The court also opined that “This court not only suggests but expects from the State, the learned Advocate General at Jabalpur and the learned Additional Advocate General at Gwalior that before deputing a Panel Lawyer to represent the State in any case before the High Court and the said Panel Lawyer has no experience to appear in the High Court, such fresher Panel Lawyer should be subjected to an orientation course/training for a few days or a few weeks as thought fit by the State/Advocate General/Additional Advocate General at Gwalior, by holding training sessions in the shape of classroom training (for theory) and simultaneously asking the fresher Panel Lawyer to sit alongside the experienced Panel Lawyer/Government Advocate, etc. to learn the basics.
After the end of the training/orientation course which may be of few days or few weeks as thought fit by the State/Advocate General/Additional Advocate General, a test should be held by Advocate General at Jabalpur and Additional Additional Advocate General, at Gwalior of such fresher Panel Lawyers to choose the ones who pass the test to be deputed to independently represent the Govt. before the High Court”. It also said that “This court has no matter of doubt that if the aforesaid procedure is adopted, the quality of assistance to the Court by Panel Lawyers would increase manifold, thereby facilitating the justice dispensation system”.
