The Allahabad High Court recently issued a stern directive, demanding a personal affidavit from the Principal Secretary (Law) of the State of Uttar Pradesh, probing the process behind the appointment of Standing Counsels for the State. This action followed the Court’s dissatisfaction with the quality of legal assistance provided by government advocates in two separate cases on the same day.

In one instance, the Court sought explanations from the Principal Secretary (Law & Remembrancer) and the Advocate General regarding their strategy to address the persisting issue. Justice Abdul Moin, in a statement, highlighted concerns about the Standing Counsels lacking essential legal acumen, failing to reference relevant case laws, and omitting crucial judgments from the Apex Court pertinent to the cases presented in the Court.

The case that triggered this response pertained to a challenge against the revocation of a Fair Price shop license and the subsequent dismissal of the appeal. The petition was filed in February 2023, where the Standing Counsel, four days after filing, sought time for instructions. However, even after almost a year, the Standing Counsel failed to provide necessary legal insights or inform the Court about pivotal judgments, as noted in the case of Ram Kumar (supra), where subsequent allottees must be included as parties.

In light of these repeated deficiencies in legal support, the Court demanded a personal affidavit from the Principal Secretary (Law) within two weeks. The Court warned that failure to comply might result in the Principal Secretary being summoned before the Court.

The case, titled *Dileep Kumar Dube v. Addl. Commissioner, Administration 2nd Devipatan Division, Gonda, and 2 Others [WRIT – C No. – 1188 of 2023]*, underscores the growing concern within the Allahabad High Court regarding the quality and competency of government advocates, ultimately impacting the dispensation of justice.

This directive by the High Court emphasizes the crucial need for efficient and knowledgeable legal representation from government-appointed counsels, especially in cases vital to public interest. The Court’s insistence on a personal affidavit from the Principal Secretary underscores the gravity of the situation and the necessity for immediate rectification to ensure fair and informed judicial proceedings.

The order highlights a broader issue prevalent within the legal system, urging the government to reevaluate its mechanisms for appointing competent legal counsels to represent state interests in legal matters. Inadequate legal assistance not only hampers the process of justice but also undermines the credibility and efficacy of the legal system as a whole.

The Allahabad High Court’s proactive stance in holding accountable those responsible for ensuring proficient legal representation demonstrates a commitment to upholding the integrity and effectiveness of the judicial process. It serves as a wake-up call for authorities to prioritize the appointment of capable and knowledgeable legal advisors to represent the State’s interests effectively in legal proceedings.

In conclusion, the Court’s directive to the Principal Secretary (Law) for a personal affidavit serves as a stark reminder of the critical need for competent legal representation, urging immediate corrective action to ensure fair and informed dispensation of justice in the State of Uttar Pradesh.

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