Law Ministry gives Show Cause Notice as ASG gives private appearance in court
The Additional Solicitor General (ASG) of India, A.S. Chandhiok has sparked up controversy and has landed himself in a jam. The ASG gave an appearance in the Delhi High Court representing a private firm against a public interest litigation (PIL) and recently raised questions, regarding the decision of the Government of India on the transfer of a High Court judge.
The Additional Solicitor General (ASG) of India, A.S. Chandhiok (pictured) has sparked up controversy and has landed himself in a jam. The ASG gave an appearance in the Delhi High Court representing a private firm against a public interest litigation (PIL) and recently raised questions, regarding the decision of the Government of India on the transfer of a High Court judge.
The ASG who also is the President of the Delhi High Court Bar Association, appeared for New Delhi Power Limited (NDPL) in a PIL which raised issues pertaining to the settlement of power tariffs. The Times of India quotes Chief Justice Dipak Misra and Justice Manmohan being surprised by the ASG representing the NDPL. The Bench said, “We assumed you were appearing on behalf of the Government! The ASG’s apt reply was “I am only there for my Lordship's assistance”.
The ASG attracted attention yet again when he gave a farewell speech in front of a full court, for Justice Aggarwal by remarking on the Government’s decision to transfer the High Court judge to Madhya Pradesh when Justice Aggarwal has only two years to serve.
Bar & Bench had first reported in July about the ASG backing a private firm, CIMMCO Birla in landing a contract for a tender to the Indian Railways. The firm CIMMCO is now pressing the railways to consider its case for a lucrative contract, saying the ministry is legally bound to consider it, as a serving ASG has opined so.
Abhishek Manu Singhvi was caught in a similar jam when he represented a lottery tycoon in the Kerala High Court alongside being a spokesperson for the Congress.
Can an ASG act as a legal counsel to a private party when he is in the service of the Government? According to law a mandatory permission is required from the Government, by the public servant before he / she decides to represent a private party in court. An RTI filed by activist Subhash Chandra Aggarwal shows that the Ministry of Law & Justice was unaware if Chandhiok had sought permission from the ministry before making a private appearance.
APPRENTICE LAWYER
Wednesday, June 19, 2013 - 5:18pm
Comments (1)
Monday, June 17, 2013 - 10:46am
Comments (1)
Comments
Anon
November 3, 2010 - 4:35pmThe comparison with Singhvi is misplaced- he wasn't holding a government office and the only issue there was the potential for embarassment to the Congress party.However, the ASG seems to be guilty of gross impropriety and grave violations of the duties attached to his office. It's a tragedy that people hanker after the prestige of high government office whilst being most reluctant to forego lucrative private practice. I do hope that the ASG resigns on his own accord without forcing the government to initiate action against him. If he doesn't, the government should deal with this issue quickly and robustly- else, it will reinforce the "chalta hai" attitude which has been the bane of governance in the country.
Anon 2
November 4, 2010 - 11:24amCouldn't agree more with the first comment. Firstly, the comparison with Manu Singhvi was flawed. The Congress party was embarassed that one of its prominent members was representing corporations and his actions were viewed as not being in consonance with the image that Congress tries to portray - namely that of a common man party. Secondly, it is imperative that the ASG is relieved of his duties asap. And the courts should not entertain any petition that might be brought forward to stall the same. Any delay in taking such action would only reinforce the image of the judiciary as an intitution impervious to change. It would also reflect poorly on the judiciary at a time when it is attempting to take the higher moral ground through judicial activism and the reform of legal education.
Anon
November 5, 2010 - 4:44pmC'mon Mr Chandioke- step down [edited]
AK
November 6, 2010 - 6:09pmMost of the ASG are 2nd rung advocates, most of them were not looked high in the profession,except baring few like Gopal Subramanium and MR. Chandhok.But once he acepted ASG post , must act diligently... but look inot our system who acts impartial? diligently? ..
Anon
November 10, 2010 - 12:17amThe government should press ahead with the "cleansing momentum" (e.g., the sacking of the Maharashtra CM and Mr Kalmadi) and get rid of Mr Chandhoke without any further delay- the country will do well without people who have no sincerity of purpose in chasing plum government positions.
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