Members of the legal fraternity here are dismayed over the inordinate delay in appointment of a new Advocate General (AG) by the State Government. The important Constitutional post is lying vacant ever since Asok Mohanty relinquished the position on September 12 in controversial circumstances relating to the chit fund scam.
Since the AG appears in the High Court as the foremost law officer in important Constitutional and other cases arising out of various Acts, Rules and Ordinances to defend the actions of the State Government, many such cases are now being adjourned in the court due to the absence of a permanent Advocate General (AG).
“One of my cases that has challenged a recent Ordinance passed by the State Government was adjourned to next month because the court wanted the Government stand on it from the AG,” said a lawyer of the city.
looking at the significance, responsibility and Constitutional status of the AG, the State Government should have filled up the post soon after the former AG relinquished his position, the lawyer said.
Although the High Court is now closed due to the Puja vacation, things are likely to take an ugly turn once the court re-opens on October 13. In the absence of the AG, the Government Advocate (GA) with his battery of AGAs and ASCs managed the show for about a fortnight before the Puja vacations last month.
looking at the present situation in the State, the post of AG is unlikely to be filled up during the vacation, said another lawyer, pointing out that the Kandhamal lok Sabha by-election and the cyclone threat next week would keep the Government machinery completely engaged and therefore it may take more time.
“The Chief Minister is unlikely to take a decision on appointment of a new AG as most of the State’s IAS officers are now deputed as observers for the Maharashtra and Haryana elections while Ministers and senior MlAs are now camping in Kandhamal for the October 15 by-election,” feel several lawyers here.