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Synopsis

The Supreme Court has said although States have a freedom to change their panel of lawyers but they cannot change it in such a manner that it will cause prejudice to the functioning of the courts.

A bench of Justices Abhay S Oka and Ujjal Bhuyan has issued notice to the Secretary of the Ministry of Law, State of Uttarakhand to personally remain present in court on April 1, 2024.

As the court was hearing a matter, the counsel appearing for the respondent State of Uttarakhand stated that though vakalatnama had been filed on January 31, 2024, no instructions have been given to file a counter affidavit, presumably because a new panel of State counsel had come into effect from March 9, 2024.

"During the last few days, we have noticed that this is happening with many States. It is no doubt true that the States have a freedom to change their panel, but they cannot change the panel in such a manner that it will cause prejudice to the functioning of the Courts," the bench said.

The matter before the court stemmed from the High Court's order of November 10, 2023, which dismissed a bail plea by Sachin Kumar, an assistant proctor, who allegedly helped the candidates in by unfair means in an examination conducted by the Uttarakhand Subordinate Service Selection Commission, Dehradun.

"It is a case of using unfair means in the public examination. It is a serious offence. Whatever material is available before this court at this stage, commands this court to reject the bail application. Having considered, this court is of the view that there is no ground to enlarge the applicant on bail," the High Court's single judge had said in the order.

Case Title: SACHIN KUMAR vs. STATE OF UTTARAKHAND