SC fixes norms for state governments to select advocates

NEW DELHI: Shortly after settling the debate over judges' appointment, the Supreme Court on Thursday laid down norms for state governments to select public prosecutors and government advocates and limited the earlier discretion they had to accommodate lawyer supporters of the ruling party .

It said in choosing government lawyers, the state must look for competence and not appoint anyone with a criminal background. Though appointment of PPs and several layers of government advocates for district courts in UP was in question, the judgment of Justices Vikramjit Sen and A M Sapre will have a salutary effect on other states too.

The bench said, “It is beyond cavil that it is in the interest of the dispensation of criminal justice that competent counsel possessing integrity should alone be appointed, since otherwise, there is a strong miscarriage of justice.In choosing them, the state will not only have to be satisfied of their forensic competence, but also that they are bereft of any criminal antecedents.“

It clarified that strict selection process to be appointed by states in choosing government lawyers did not mean there would be any security of tenure for them.

Justice Sen said, “The state, like any other litigant, must have the freedom to appoint counsel in whom it reposes trust and confidence. The only expectation is that the choice made by the state should not be such as could defeat the sacred and onerous responsibility of ensuring that justice is meted out to all citizens.“

Referring to an earlier judgment in Johri Mal case, the bench said the SC had categorically rejected the claim of a lawyer for continuous renewal of appointment as a government advocate. “We entirely agree with this exposition of law,“ the bench said.

“We think that the correct approach is to ensure the competency of advocates being considered for appointment as additional district government counsel, assistant district government counsel, panel lawyers and sub-district government counsel,“ it said.