Overruling lieutenant-Governor Najeeb Jung’s views on appointment of three ‘Advocates on Record’ and 12 Arguing Counsel to represent the Delhi Government in the Supreme Court, Deputy Chief Minister Manish Sisodia has gone ahead with the appointments, saying that any interference in the matter would be against the provisions of the Constitution.
In a recent notification issued to this effect by Deputy Secretary (law, Justice and legislative Assembly) Mani Bhushn Malhotra, said the State administration was pleased to appoint the Advocates on Record and Arguing Counsel for arguing panel for the Supreme Court in relation to any suit, writ petition, appeal or other proceedings by or against the NCT of Delhi in relation to the Government or its officers whose defence has been undertaken by it.
The Advocates on Record appointed by the Government are Chirag M Shroff, Atul Kumar and Jagit Singh Chhabra and the ones for Arguing Panel are Siddhartha Dave, Manav Gupta, Kuldip Singh, Amarjit Singh Bedi, Gurmeher Singh Sistani, Yashvardhhan, Sunil Sharma, Karuna Nundy, Aishwarya Rao, Naveen R Nath, Niraj Gupta and Charu Walikhanna.
Sources said Aam Admi Party (AAP)-led Government was averse to hire advocates appointed by the Central Government to defend its interests in the Supreme Court. “Since we need to look after the interests of Delhi, we would like the best of advocates from the city to represent us in the apex court,” a senior official told The Pioneer.
So far, the advocates representing the Delhi Government in the apex court were appointed only by the Centre.
But soon after the AAP Government appointed its 15 Advocates for the Supreme Court, Raj Niwas wrote to the Joint Secretary (UT) that it should nullify these appointments. But the Union Home Ministry has reportedly not responded to the Raj Niwas communication so far.
In a signed note, Sisodia said he was of the considered view that any order made by the Ministry of Home Affairs (MHA) interfering with the appointments made by the elected Government of Delhi would be against the provisions of the Constitution of India. He said the AAP Government was fully competent and well within its powers to appoint advocates to defend its interests in the Supreme Court. He said the Government had also appointed its counsel in the Delhi High Court and similar appointments cannot by any stretch of imagination be considered contrary to any law.
Sisodia further said in any case there was no specific law or statute which lays down that only the Ministry of law and Justice of the Union Government acting through Central law Agency can appoint advocates to represent the interests of the Delhi Government in the apex court. He said Raj Niwas letter to JS (UT) seeking to nullify the appointment of the Advocates for the Supreme Court too has not elicited any response from the MHA so far.
The Deputy Chief Minister said at the time of the issuing of the first order, consent of all the 15 Advocates had not been received. “Now the consent of all the Advocates has been received, therefore it is required that the appointment made by the order dated 11-12-2015 are notified in the gazette. Since the Principal Secretary (law) is on leave, Additional Secretary (law) may ensure the said appointments are notified.”