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Synopsis

The Allahabad High Court on Monday took a notable step by directing the Principal Secretary (Law) of the State of Uttar Pradesh to submit a personal affidavit addressing the process behind the appointment of the Standing Counsel for the State.

The bench of Justice Abdul Moin raised issues about these counsels lacking the necessary legal acumen, familiarity with relevant case laws, and the ability to apprise the Court of pertinent judgments from the Hon'ble Apex Court that are directly relevant to the cases at hand.

The bench directed the Principal Secretary (Law) to file his personal affidavit within two weeks indicating all the aforesaid facts. “…failing which the Court may summon the Principal Secretary ( Law) before this Court,” it ordered.

Notably, in a separate case on the same day, the same bench expressed concern over insufficient legal support from Government advocates. The court sought replies from the Principal Secretary (Law & Remembrance) and the Advocate General on how they intend to address the issue.

The bench noted in that order that despite court’s repeated warnings that in case things were not set right at Standing counsels’ end who had failed to address the court on the legal points as were urged by the court, it may be compelled to pass orders against them.

Even after such warning, the standing counsel failed to provide any assistant to the court on legal points and consequently, court asked the Principal Secretary (Law & Remembrancer) and Advocate General to provide their views as to how this issue of non assistance by the Standing counsel was to be addressed.

In the present matter, a writ petition had been filed challenging the cancellation of fair price shop license.

The single judge bench noted that despite a lapse of almost a year, the Standing Counsel failed to provide adequate legal assistance to the court.

Case Title: Dileep Kumar Dube v. Addl. Commissioner, Administration 2nd Devipatan Division, Gonda And 2 Others