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State of U.P. & Ors. v. Ajay Kumar Sharma & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 13727 of 2015)Decided 26 Nov 2015
Civil Appeal No. 13727 of 2015
Justice Vikramajit Sen · Justice Abhay Manohar Sapre

Background

The State of Uttar Pradesh stopped renewing the appointments of District Government Counsel (lawyers who represent the State in criminal courts across the state) in 2012, after earlier court orders on how such appointments should be made. Ajay Kumar Sharma and others, whose appointments were not renewed, challenged this in the Allahabad High Court. On 5 November 2014, the High Court quashed the non-renewal orders, directed the State to reconsider their renewal, and gave further directions on prosecution and on screening counsel for criminal antecedents.

Decision Breakdown

The Supreme Court allowed the State's appeals and set aside the High Court's judgment, without costs, directing that fresh appointments be made expeditiously. The Court held that the law on these appointments was already settled by a three-judge Bench in State of U.P. v. Johri Mal (2004), which holds that District Government Counsel are engaged in a professional capacity and have no enforceable right to renewal. A two-judge Bench must follow a larger Bench's decision, so the High Court was wrong to disregard it. The Court also held that it is incorrect to start the process by reconsidering existing counsel, since that would undermine the State's discretion to choose trusted advocates. Justice Sapre agreed in a separate short concurring opinion.

Lesson Learnt

Lawyers appointed by the government to represent it in court have no automatic right to be re-appointed. The government may choose whom it trusts, but it must still choose counsel who are competent and have no criminal record. Courts must follow earlier decisions of larger benches of the Supreme Court.

Official source (sci.gov.in)View Judgment (PDF)

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