Congress MLC Sanjay Dutt

Congress MLC Sanjay Dutt has filed a petition in the Bombay high court demanding that the state appoint a regular advocate general (AG) in place of the acting one. He claimed that the AG was unconstitutional. The court would hear the petition post Diwali vacation.

According to the petition filed by advocate Ashish Mehta, on behalf of Mr Dutt, the post of AG, who is the first officer of the court, is one the most important constitutional office of the state government, but was lying vacant. The petition further claimed that the post of the AG is at par with that of the chief minister. The petitioner claimed that the AG is the representative and trustee of the general public and always protects the interest of the general public rather than the government in power.

The petition further prayed that the bench headed by Justice S.C. Dharmadhikari pass an interim order directing the government to withdraw the charge given to the acting AG Rohit Deo. The petition clarified that it was not casting any aspersions on the professional capabilities of Mr Deo, but seeking directions as it was not in tune with Article 165.

Mr Deo was appointed as a stop gap arrangement after then AG Srihari Aney quit. As per the constitution, the post of AG is a regular one and there is no place in the Constitution of an ad hoc post like “acting AG”.

Mr Dutt’s petition also mentioned he had questioned the validity of the acting AG in the legislative council on two occasions. However, he did not receive any favourable reply and hence the court should direct the state.