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Can a government attorney appear for defendants in state-filed criminal cases? Calcutta High Court seeks report
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Can a government attorney appear for defendants in state-filed criminal cases? Calcutta High Court seeks report

The Calcutta High Court has sought a report from the West Bengal government’s legal memory on whether government-appointed lawyers can be allowed to appear for accused in criminal cases registered by the state.

Justice Tirthankar Ghosh was hearing a case on behalf of BJP leader Arjun Singh and recalled that even earlier, when the present advocate general had appeared for the recruitment scam charge, Partha Chatterjee, he had asked the lawyer to obtain authorization for legal remembrance.

“This I will not allow… there must be discipline. There must be some attachment towards the state or the center, it doesn’t matter. LR will submit a report whether government officials are allowed to appear on behalf of the accused in a registered criminal case.

“Once the mandate is accepted by the lawyer, no private brief can be accepted. This is a known principle. The appointing authority of the mandated lawyer must submit a report on the principles followed by the State of West Bengal”, added the Court.

The court also noted orally that: “After this there will be nothing left, the state of West Bengal will become a victim.”

Accordingly, by calling for the report, the Court listed the matter for further hearing.

Case: ARJUN SINGH VS STATE OF WEST BENGAL AND ORS.

Case No: WPA/25674/2024