In a move that could spark another face-off between the AAP Government and Raj Niwas, lieutenant-Governor (l-G) Najeeb Jung has directed the Government to immediately withdraw its notification on appointment of panels of advocates-on-record and arguing counsel for the Supreme Court.
The l-G’s order follows directions from the Union Home Ministry that the Delhi Govern-ment’s notification was illegal.
In a communication, Secretary to the l-G SCl Das told the AAP Government that after getting the matter examined from the law Ministry, the Union Home Ministry had concluded that “Considering provisions under Part VII of the Constitution coupled with GNCTD Act, 1991… the exercise of the Executive Power by the State Government is limited, and in the present case the executive power having already exercised by the Central Government in appointing the Advocates-on-Record and Panel Counsels, the NCT Government’s order dated 11-12-2015 followed by the notification 06-01-2016 is illegal.”
Das said the l-G has directed the AAP Government to immediately withdraw the notification and comply with the MHA orders forthwith. Following the City Government’s notification, the l-G had reportedly written to the MHA to declare it null and void ab initio as the same had not been issued in accordance with the set procedures laid down in the law.
The AAP Government had issued the order on appointment of three advocates-on-record and 12 lawyers for the arguing panel of the apex court in December last year. The order issued by Additional Secretary (law) Ravi Dadhich said after careful consideration the Government had decided a panel of advocate-on-record and panel of arguing counsels to represent the city government in the apex court.
The order said Chirag M Shroff, Atul Kumar and Jagjit Singh Chhabra would be advocate-on-record and Siddhartha Dave, Manav Gupta, Kuldip Singh, Amarjit Singh Bedi, Gurmehar Singh Sistani, Yashvardhan, Sunil Sharma, Karuna Nandy, Aishwarya Rao, Naveen R Nath, Niraj Gupta and Charu Walikhanna as the Government’s arguing counsels.
The order also specified that advocate-on-record shall be paid a fixed remuneration of Rs90,000 per month. It said advocates-on-record may also be paid drafting fee of Rs 7,500 for each case. The order made it clear that if the advocate-on-record himself argues the matter, s/he may be paid fee at the rates as approved by the Union law Ministry to Group-A panel Counsel. For the arguing panel, the order said s/he shall be paid fee as applicable to Group-A counsel in the Supreme Court.
A person can be registered as an advocate-on-record if s/he qualifies the requirements as laid down in the Supreme Court of India Rules, 1966. If a lawyer wants to practice as an advocate-on-record in the Supreme Court s/he needs an additional qualification. The advocate has to practice for four years as an advocate and thereafter has to intimate to the Supreme Court that s/he has started taking training with a Senior Advocate-on-record because s/he intends to become an advocate-on-record.
The order said, “Set of cases where a common question of law is involved should not be considered as one for the payment of fee if the facts are substantially different. However, one drafting fee will be payable in the main case and no separate drafting fee will be payable in connected cases with same facts. It is also clarified that in connected matters, no separate appearance fee shall be paid.”