L-G Anil Baijal questions validity of panel of lawyers appointed by AAP Government

The pending bills of senior advocates who represented the Aam Aadmi Party (AAP) government in various cases are likely to remain ‘unsettled’ as the Lieutenant Governor has expressed concern over the ‘vaildity’ of a panel constituted by Delhi government for giving legal opinion before the Delhi High Court.

A panel of 13 senior advocates was constituted by the government in November 2017 for conducting cases on behalf of the government before the High Court. The panel included names like Indira Jaising, Colin Gonsalves, June Chaudhary, Rebecca Mammen John, among others. However, the decision to form a panel without taking L-G’s approval was questioned and the empanelment was soon ‘cancelled’.

Citing rule 57 of the Transaction of Business Rules (TBR), a letter dated May 16 from the Principal Secretary Vijay Kumar to L-G stated “The above orders dated 29.11.2017 and 18.01.2018 have been issued in material departure from the TBR without obtaining the approval of L-G. The L-G has desired that Chief Secretary may kindly draw attention to all concerned including Pay and Accounts officers towards the order.” The letter was sent to the Chief Secretary Anshu Prakash.

Speaking to DNA, Rebecca Mammen John who had fought for Arvind Kejriwal’s defamation case, “I am not aware about any such panel, neither I have been approached by the government. But, the constitutional authorities must stay in the limit of the constitution.”.

According to the sources, the decision to form a panel came after the bills of the lawyers who fought AAP government cases against the L-G in Delhi High Court have been lying pending for over two years. Even, senior lawyer Indira Jaising had also written to the government over her pending bills of Rs 65 lakh due since 2016. She had claimed 19 bills for six government departments. The bills are still awaiting L-G Anil Baijal's approval.

“The order has also been sent to the finance and accounts department so as to no further payments are being made to these advocates. Also, if any payments have been already made, the process to roll back the amount will begin,” said a senior Delhi government official requesting anonymity.

According to the rules under the department of law and finance, if any new counsel is engaged in cases, a prior approval has to be taken from the L-G. “In cases involving substantial financial matters and important questions of law/policy matters having wider ramifications, the departments may engage advocates of established repute on fee/charges more than the rate prescribed by the Law and Judicial department with the prior concurrence of the finance department and the approval of L-G of Delhi,” the finance department said in its circular dated September 23, 2011.

As per an order by the department of law, the appointment of advocates on government panels to conduct civil cases in various courts in Delhi, for and on behalf of the Delhi government, is made by the L-G. “This means, no advocate can be engaged through a government’s order without seeking L-G’s approval. The rule is simple. If the person is hired through the right process, he/she will be given the due. But, if the guidelines are not followed, the bills will be left pending,” said a senior officer.

The Delhi High Court in 2016 had declared the Lieutenant Governor as the administrative head of the national Capital against which the city government has moved the apex court.

“LG does not have the power to reject any govt proposal. Under constitution, LG can only express his difference of opinion. This rejection is completely illegal, unconstitutional and without jurisdiction. LG shud follow constitution,”tweeted Kejriwal.

LEGAL TALK

According to the rules under the department of law and finance, if any new counsel is engaged in cases, a prior approval has to be taken from the Lieutenant Governor.