Can Government Lawyers Be Present for Defendants in State-Recorded Criminal Cases? Calcutta High Court Calls for Report

The Calcutta High Court has sought a report from the legal bench of the West Bengal government on whether government lawyers should be allowed to appear on behalf of the accused in criminal cases registered by the state.

Justice Tirthankar Ghosh He was hearing a case on behalf of BJP leader Arjun Singh and recalled that when he had earlier appeared for current Attorney General Recruitment Scam accused Partha Chatterjee, he had asked the lawyer to seek permission for legal recall.

“I will not allow this… there must be discipline. There must be loyalty towards the state or the centre, whoever it may be. The LR will submit a report on whether government officials are allowed to appear on behalf of the accused in a registered criminal case. If special permission is given by the state, “The grounds must be determined. Criminal cases contain material that can have far-reaching consequences on the course of the investigation.”

“No private brief can be accepted after the appointment has been accepted by the lawyer. This is a known principle. The lawyer appointing authority will submit a report as to what principles the state of West Bengal has followed.” The court added.

The court also stated orally: “After this there will be nothing left, the State of West Bengal will suffer casualties.”

Accordingly, while requesting a report, the Court requested that the matter be heard at a later date.

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

Case Number: WPA/25674/2024