In what could trigger a fresh row, the AAP government has issued a notification for the appointment of three advocates on record and 12 arguing advocates to represent it in the Supreme Court by overlo
In what could trigger a fresh row, the AAP government has issued a notification for the appointment of three advocates on record and 12 arguing advocates to represent it in the Supreme Court by overlooking lieutenant-governor Najeeb Jung’s recommendation to the Centre to nullify these appointments.
The Kejriwal government issued the notification following directions of deputy chief minister Manish Sisodia who said that any interference in the matter would be against the provisions of the Constitution of India. The notification issued to this effect by deputy secretary (law, justice and legislative Assembly) Mani Bhushn Malhotra, said that the state administration was pleased to appoint the advocates on record and arguing counsel for the Supreme Court in relation to any suit, writ petition, appeal or other proceedings by or against the NCT of Delhi in relation to the government or its officers whose defence has been undertaken by it.
The advocates on record appointed by the AAP government are Chirag M. Shroff, Atul Kumar and Jagit Singh Chhabra and the ones for arguing panel are Siddhartha Dave, Manav Gupta, Kuldip Singh, Amarjit Singh Bedi, Gurmeher Singh Sistani, Yashvardhhan, Sunil Sharma, Karuna Nundy, Aishwarya Rao, Naveen R. Nath, Niraj Gupta and Charu Walikhanna.
A section of the officers in the city government are of the view that the city government should not hire advocates appointed by the Centre to defend its interests in the Supreme Court. A senior officer said that the AAP government’s primary job was to defend the interests of its citizens in the apex court. He said it was well within the rights of the city administration to chose its advocates for the Supreme Court.
Earlier, the AAP government had appointed 15 advocates for the Supreme Court. But Raj Niwas opposed this by writing a letter to the joint secretary (UT) to nullify these appointments. The Union home ministry has reportedly not responded to the Raj Niwas communication so far.
In a signed note, Mr Sisodia said that he was of the view that any order made by the MHA, interfering with the appointments made by the elected government of Delhi would be against the provisions of the Constitution of India. He said the AAP government was fully competent and well within its powers to appoint advocates to defend its interests in the Supreme Court.
He said that the government had also appointed its counsel in the Delhi high court and similar appointments cannot by any stretch of imagination be considered contrary to any law.
The deputy CM said that in any case there was no specific law or statute which lays down that only the ministry of law and justice of the Union government acting through Central law agency can appoint advocates to represent the interests of the Delhi government in the apex court. He said that Raj Niwas letter to JS (UT) seeking to nullify the appointment of the advocates for the Supreme Court too has not elicited any response from the MHA so far.
Mr Sisodia said at the time of issuing of the first order, consent of all the 15 advocates had not been received. “Now, the consent of all the advocates has been received, therefore it is required that the appointments made by the order dated 11-12-2015 are notified in the gazette. Since the principal secretary (law) is on leave, additional secretary (law) may ensure the said appointments are notified.”
