The Madurai Bench of the Madras High Court has directed that Law Officers be appointed within a period of six weeks from the order passed on September 12..The order was passed by a Division Bench of Justices KK Sasidharan and GS Swaminathan in response to a PIL filed by R Rajaselvan..The Tamil Nadu government had passed orders terminating the services of government pleaders and public prosecutors in seven districts. Alleging that the move was politically motivated and implemented without following prescribed procedures, aggrieved advocates filed writ petitions in both Benches of the Madras High Court..On July 5, interim orders were passed by the Madurai Bench to stay the orders and nullify appointments made thereunder. On being notified that the stay was causing delay in litigation, the Principal Bench had partially modified this order to temporarily allow law officers in five districts to continue..Rajaselvan had approached the Madurai Bench with the grievance that the High Court was not able to dispose of cases owing to non-appointment of law officers on the civil and the criminal side. The Court disposed of the petition after taking note of the submissions made by Advocate General Vijay Narayan, that a mechanism had been formulated to make the appointments..To this end, it was submitted that a Committee has been formed for the appointment of law officers. This Committee comprises principal secretaries to the Public Department, the Home Department and the Law Department, with the Advocate General as its Chairman..The names shortlisted by this Committee will be sent for verification of antecedents. Thereafter, it will be sent to the Bar Council of India for verification as to any proceedings pending against them. Verification would be made in accordance with amendments made to the concerned regulations. The government will then make the appointment once this process is completed. The AG submitted that the entire process would take a period of four weeks..Given the above submission, the Court saw it fit to dispose the application, holding that,.“Since the Government has already taken action for appointment of Law Officers, there is no need for an adjudication of the issue raised by the petitioner. We hope and trust that the Government would keep up the time schedule and the appointment would be made as expeditiously as possible and in any case, within a period of six weeks from today.”.Read order below.
The Madurai Bench of the Madras High Court has directed that Law Officers be appointed within a period of six weeks from the order passed on September 12..The order was passed by a Division Bench of Justices KK Sasidharan and GS Swaminathan in response to a PIL filed by R Rajaselvan..The Tamil Nadu government had passed orders terminating the services of government pleaders and public prosecutors in seven districts. Alleging that the move was politically motivated and implemented without following prescribed procedures, aggrieved advocates filed writ petitions in both Benches of the Madras High Court..On July 5, interim orders were passed by the Madurai Bench to stay the orders and nullify appointments made thereunder. On being notified that the stay was causing delay in litigation, the Principal Bench had partially modified this order to temporarily allow law officers in five districts to continue..Rajaselvan had approached the Madurai Bench with the grievance that the High Court was not able to dispose of cases owing to non-appointment of law officers on the civil and the criminal side. The Court disposed of the petition after taking note of the submissions made by Advocate General Vijay Narayan, that a mechanism had been formulated to make the appointments..To this end, it was submitted that a Committee has been formed for the appointment of law officers. This Committee comprises principal secretaries to the Public Department, the Home Department and the Law Department, with the Advocate General as its Chairman..The names shortlisted by this Committee will be sent for verification of antecedents. Thereafter, it will be sent to the Bar Council of India for verification as to any proceedings pending against them. Verification would be made in accordance with amendments made to the concerned regulations. The government will then make the appointment once this process is completed. The AG submitted that the entire process would take a period of four weeks..Given the above submission, the Court saw it fit to dispose the application, holding that,.“Since the Government has already taken action for appointment of Law Officers, there is no need for an adjudication of the issue raised by the petitioner. We hope and trust that the Government would keep up the time schedule and the appointment would be made as expeditiously as possible and in any case, within a period of six weeks from today.”.Read order below.
