PRAFULLA CHANDRA GAYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition, the Petitioner has prayed for expunging and effacing certain remarks and observation of the Court airing aspersion on the conduct and reputation of the Petitioner, a practising Advocate of the Court in the judgment and order of the Court dated 17.9.97 in Writ Appeal No. 165 of 1997.

(2.) In the Writ Petition which was numbered as Civil Rule No. 291 of 1994, the applicant appeared as a counsel representing the Government of Assam. By an order dated 9.3.95 the Writ Petition was allowed and against the said order a Writ Appeal was presented before this court. Admittedly, the said appeal was time barred. An application under Section 5 of the Limitation Act was filed praying for condonation of delay. This Court while desposing the above application made certain remarks and observations pertaining to the conduct of the Government Advocate more particularly in paragraphs 3,4,11 and 12. While the delay was condoned, cost of Rs. 2,000/- was awarded and the Court ordered that the said sum is also to be recovered from the Government Advocate who failed in discharge of his duties. A direction was also issued to the Chief Secretary to the Government of Assam to take appropriate action against the learned Government Advocate.

(3.) Mr. A. K. Phookan, the learned senior counsel appearing on behalf of the Petitioner has submitted that the observation so far made against the Petitioner is uncalled for, unwarranted on the facts and circumstances of the case. Mr. Phookan, submitted that while making those observations, the fundamental principles of natural justice was over looked and vituperative aspersion were made on the professional integrity of a counsel, that too behind his back. Mr. Phookan refering to the Assam Law Manual has pointed to the duties and functions of a panel Government Advocate who is to act only as per instructions of the Senior Government Advocate. Referring to the facts and circumstances of the case, the part played by the applicant as the counsel whose duty was to conduct the case in the Court, Mir. Phookan, the learned senior counsel submitted that the opprobrious comments those made, were uncalled for and thereby made justice and fair play its casualty.