The Lucknow bench of Allahabad High Court on Wednesday quashed the rejection of renewal orders of the 791 district government counsels by the state and directed it to reconsider their cases within three months in accordance with law. A division bench of Justice Devi Prasad Singh and Justice Arvind Kumar Tripathi gave the judgement while allowing a bunch of writ petitions related to the matter. These government counsels posted in districts courts were appointed during the erstwhile BSP regime, and the present SP government refused to renew their contract. The court directed the government to reconsider the case with regard to renewal or appointment within three months and submit a compliance report. It further directed the government to establish the Directorate of Prosecution in accordance with section 25 of the Code of Criminal Procedure. The appointment of the Director of Prosecution must be in concurrence with the Chief Justice of Allahabad High Court, it said. The court also asked district judges and magistrates to ensure forthwith that no person having criminal antecedent or against whom FIR had been lodged, involving moral turpitude, are permitted to work as district government counsel. The court said that the government shall cancel all such appointments in view of direction issued in earlier judgements within a month. It directed that a copy of the judgement be forwarded to the chief secretary and the principal secretary of law within a week for compliance. The high court also directed that a copy of this judgement shall be sent to the high court registrar general to apprise the Chief Justice to consider to lay down the procedure and regulate the appointment and selection of principal secretary law and their associates from meritorious scholars of the subordinate judiciary having impeccable character, knowledge, integrity and firmness. Let a summary of present and earlier judgements be circulated to all the district judges and all district magistrates of UP by Principal Secretary Law, and Registrar General within one month and submit compliance report immediately thereafter, it directed. The high court directed that the government shall take further suitable steps to streamline the selection, renewal and appointment of district government counsels in the light of present and earlier judgements. Advocate General Vijay Bahadur Singh told reporters that it is a historical judgement as it paves way for appointments of competent government counsels.
Posted on: Sat, 08 Nov 2014 02:17:27 +0000
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