The Supreme Court has summoned the Chief Secretary of Himachal Pradesh to appear before it and explain why no lawyers have been engaged by the state for appearing for it in criminal matters.
The top court said it was "unfortunate" that there was no representation on behalf of the state of Himachal Pradesh and the lawyer present had no instruction to appear in the matter.
A bench of Justices N V Ramana and S Abdul Nazeer, which was hearing a criminal appeal pending since 2011, wanted to know if there was any remission scheme pending for considering early release of convicts, who had suffered more than 15 years of incarceration.
"In view of the fact that no standing counsel for the State of Himachal Pradesh is present even today also, we have no option but to direct the Chief Secretary of the State of Himachal Pradesh to appear before this Court on the next date of hearing and explain the reasons for not engaging any counsel in these matters," the bench said.
The top court posted the matter for further hearing on February 15 and directed the registry to communicate the order forthwith to the Chief Secretary of the State.
The court was annoyed as on January 30, no "responsible officer" had appeared before the bench and advocate Varinder Kumar Sharma, who was Advocate on Record in the case, undertook that he will argue on the next date of hearing and also get proper instructions about any such remission schemes.
The bench had then directed standing counsel to assist the court positively, on February 7, with relevant record or it would order appearance of the Advocate General of the State.
The court directed for communicating the order forthwith to the Chief Secretary of the state. However, when the matter was again taken on February 7, Sharma told the bench, that he had received no instructions in the matter.
The confusion is prevailing in the apex court as the newly elected BJP government in the state, had on January 17, issued a notification abolishing the posts of Additional Advocate General and supporting staff created by the Virbhadra Singh dispensation for Legal Cell of the state at Delhi vide an order dated September 5, 2013.
The incumbent Jai Ram Thakur government in the state on January 17 ordered for bringing the Legal Cell, New Delhi, under the control of the prosecution department as per practice followed during the tenure of former chief minister Prem Kumar Dhumal from 2007-2012 and initial years of the Virbhadra Singh government, till July 9, 2013.
The new government had also ordered for revival or restoration of the post of District Attorney and supporting staff.
Due to the new notification, the two Additional Advocate Generals working in the legal cell of the state at New Delhi, who have been appearing in various matters including sensitive cases have now stopped appearing in the apex court and as such the cases going unrepresented.
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