SHILLONG: The Meghalaya Law department has taken exception to the practice followed by some advocates in the government panel of not appearing before the High Court to defend the government and also for taking the case files to their homes.
In a letter addressed to as many as 17 pleaders in the panel of government advocates, Law Secretary, L.M. Sangma, said that there is a trend that some lawyers who are endorsed with the brief fail to appear before the Court or they fail to inform prior hand, but carry the brief to their residences.
According to the Law Secretary, this has been viewed seriously and all briefs should be kept in office and even if lawyers take the brief for study, it should be returned a day before the case comes up.
He also warned the Government advocates to take the issue very seriously.
What prompted the Law Secretary to act tough was the recent observation of the High Court of Meghalaya against absentee lawyers when no one was present to represent the State in a case related to MECOFED in March end.
The Court observed that when it wanted to dispose of the matter after hearing the State counsel, the court was surprised to find none was present for the State and thus there was no representation on behalf of the State.
The Meghalaya panel of lawyers in the High Court is headed by Advocate General K.S. Kynjing.
“As per regular feature, the Advocate General either remains absent or if present, renders zero assistance. The position of other Government lawyers in High Court is also not any different. We wonder as to on what basis K.S. Kynjing was designated as senior Advocate by the Gauhati High Court, for, he appears to have very little knowledge of law,” the Court had observed.
The High Court has also noted that “most of the Government Advocates are only interested in taking adjournments on the ground of their personal inconvenience or that of the officers supposed to pursue the State matters”.
The High Court said that this is happening despite the fact that they are being paid professional fees and retainer from the public exchequer and 90 per cent of such money is coming to State from the Central Government. The Court also brought the matter before the Government for necessary action and wanted the Chief Secretary to take appropriate action which he deems fit to take.
