ROHTAS SINGH Vs. COMMISSIONER AGRA DIVISION

JUDGEMENT

(1.) For determining the questions involved at this stage, relevant facts of these cases are as under :

(2.) An objection was raised that the State Law Officers i.e. Government Advocates, Deputy Government Advocates, Additional Government Advocates, Assistant Government Advocates, Standing Counsel, Chief Standing Counsel Additional Chief Standing Counsel and public prosecutors appointed by the State Government for appearing on behalf of State of U. P. cannot appear against the State of U. P. to defend the contemners and therefore, Mr. Kazmi cannot be allowed to appear and defend the contemners before this Court so long, he continues to be Additional Chief Standing Counsel for the State of U. P.

(3.) On this question Sri Kazmi addressed this Court pleading his entitlement to appear and defend the contemners and in support of his pleadings he filed Government Order No. D-2714/7-Nyay-3-96-83/96 dated 12-9-96 whereby six State Law Officers have been appointed by the State Government for doing PAIRABI of all contempt cases in the High Court of Judicature at Allahabad and its Bench at Lucknow defending the State Government employees and other employees under the control of State of U. P. Mr. Kazmi contended that he being one of said six State Law Officers named in aforesaid G. O. has been authorised under Clause 4.07 of Legal Remembrancer's Manual 1975 by the State Government to defend the Government Officers and employees in contempt matters in this Court and thus he is legally entitled to defend the present contemners in his capacity as Additional Chief Standing Counsel.