Sunday, May 20, 2012
Appoint of Government Lawyers Challenged in High Court
MALDA, 4 MAY: If the change of Public Prosecutor (PP) and Government Pleader (GP) is a part of change in state government, the procedure has come under scanner. A petition has been filed at Kolkata High Court demanding the cancellation of the panel of PP and that of GP in Malda. High Court has asked the PP and GP to submit the affidavit regarding their appointment.
It may be recalled that right after the change in government last year, process of changing the panels started. After the initial tug of war between Congress and Trinamul Congress a panel of 38 lawyers was formed from which the Asit Choudhury became the Public Prosecutor and Salil Das the Govt Pleader. The panel included lawyers mostly loyal to TMC and Congress.
But lawyer and former PP panel member Rajib Acharya along with Chinmoy Jha and Bhanu Ch Ghosh filed a case against the panel at Kolkata High Court claiming this panel illegal. Mr Acharya said, “As per law the panel should be prepared with the consensus of district magistrate and the District Judge. But we have found that the panel sent by the then DM Rajesh Sinha to District Judge Ranjit Bag was not approved fully by the latter. Instead the Judge had his observation against some of the names sent by the DM. but all these were ignored while sending the panel to Governor.” Acharya also observed that in the primary panel names of Tarit Ojha as PP and Subir Bhowmik as GP was replaced by Mr Choudhury and Mr Das respectively. “Besides, there were number of irregularities in the procedure of nominating the panel”, he said.
With all these complaints Mr Acharya and other two filed a petition to High Court on 25 April. Arunava Ghosh, Dwaipayan Ghosh and Rabi Kumar Dubey were the lawyers in favour of the petitioners.Court has accepted the petition and held its first hearing on 2 May. Justice Dipankar Dutta had asked the PP and the GP to file affidavit in favour of their appointment within two weeks of the resumption of court after summer vacation.
Amlan Bhaduri, district Trinamul Youth Congress president cum lawyer said, “It is a ploy of the CPI-M backed lawyers. There was no violation of norms while appointing the PP and the GP.”