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1997 Supreme(SC) 1620

SUJATA V. MANOHAR, G. T. NANAVATI
Commissioner, Agra – Appellant
Versus
Rohtas Singh – Respondent


JUDGMENT

Mrs. Sujata V. Manohar, J.-Leave granted.

2. These appeals are from a judgment of the Allahabad High Court holding that Government Advocates and Standing Counsel for the State of Uttar Pradesh cannot be allowed to appear and defend Government officials against whom notices for contempt of court are issued. In the Allahabad High Court Advocates for the State appearing in criminal matters are designated as Government Advocates while advocates on behalf of the State appearing in civil matters are designated as Standing Counsel. The High Court has held that neither category of advocates can appear in contempt proceedings on behalf of an alleged contemnor who is an official of the State Government. The Allahabad High Court has further held that no monetary help from the State Exchequer can be extended to such Government officials towards litigation expenses in contempt proceedings. These expenses are to be incurred personally by the Government officials concerned which can be subsequently reimbursed to them if they are honourably exonerated in contempt proceedings. The High Court has also struck down a Government Order dated 12th of September, 1996 issued by the Special Secretary

















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