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Can a government counsel appear for the accused in state registered criminal cases? Calcutta High Court calls for report
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Can a government counsel appear for the accused in state registered criminal cases? Calcutta High Court calls for report

The Calcutta High Court has sought a report from the West Bengal government’s legal bench on whether a government counsel can be allowed to appear for the accused in state-registered criminal cases.

Justice Tirthankar Ghosh was hearing a case on behalf of BJP leader Arjun Singh and recalled that even earlier, when the current solicitor general appeared for the recruitment scam accused Partha Chatterjee, he asked the counsel to take permission from the legal memo.

“I will not allow this…there must be discipline. There must be some attachment to the state or the centre, whoever. LR will file a report on whether government maintainers are allowed to appear on behalf of the accused in a registered criminal case. Where special authorizations are granted, criminal cases involve material that has far-reaching consequences State counsel”.

“Once the retainer is accepted by the attorney, no private documents can be accepted. This is a known principle. The appointing authority of the Maintenance Counsel shall submit a report on the principles which are followed by the State of West Bengal.” added the Court.

The court also noted verbally that, “There will be nothing left after this, the state of West Bengal will become a victim.”

Consequently, to call for the report, the Court listed the matter for hearing at a later date.

Case: ARJUN SINGH VS STATE OF WEST BENGAL AND ORS.

Case no: WPA/25674/2024