How to ensure consultation with District Judge in appointment/renewal of District Government Counsels under Cr.P.C. and L.R. Manual? What is the role and primacy of District Judge's opinion versus District Magistrate's in renewal/appointment of District Government Counsels, and how should conflicts be resolved? What are the constitutional and statutory limits on the State Government’s power to amend the L.R. Manual and override judicial precedents in the appointment of District Government Counsels? Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) How to ensure consultation with District Judge in appointment/renewal of District Government Counsels under Cr.P.C. and L.R. Manual?What is the role and primacy of District Judge's opinion versus District Magistrate's in renewal/appointment of District Government Counsels, and how should conflicts be resolved?What are the constitutional and statutory limits on the State Government’s power to amend the L.R. Manual and override judicial precedents in the appointment of District Government Counsels?

U. P. SHASKIYA ADHIVAKTA KALYAN SAMITI, 8, MUSTAFA MARKET, SI vs STATE OF U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(All) 62

DEVI PRASAD SINGH, SATISH CHANDRA
U. P. SHASKIYA ADHIVAKTA KALYAN SAMITI, 8, MUSTAFA MARKET, SI – Appellant
Versus
STATE OF U. P. – Respondent

Advocates:
Counsel :
O.P. Srivastava, S.K. Kalia, Dr. L.P. Mishra, C.B. Pandey, Mahfooz Alam, Manish Kumar, Rohit Tripathi, V.K. Dubey, Aditya Narayan, G.K. Dwivedi, Satyam Maurya, Avdhesh Kumar Singh, Amar Singh, Saurabh Shankar Srivastava, N.A. Siddiqui, Rajesh Kumar Singh, S.P. Singh, A.K. Verma, Rahul Shukla and Shachindra Pratap Singh for the Petitioners; C.S.C. and Raghvendra Kumar Singh for the Respondents.

Judgement Key Points

How to ensure consultation with District Judge in appointment/renewal of District Government Counsels under Cr.P.C. and L.R. Manual?
What is the role and primacy of District Judge's opinion versus District Magistrate's in renewal/appointment of District Government Counsels, and how should conflicts be resolved?
What are the constitutional and statutory limits on the State Government’s power to amend the L.R. Manual and override judicial precedents in the appointment of District Government Counsels?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

How to ensure consultation with District Judge in appointment/renewal of District Government Counsels under Cr.P.C. and L.R. Manual?

What is the role and primacy of District Judge's opinion versus District Magistrate's in renewal/appointment of District Government Counsels, and how should conflicts be resolved?

What are the constitutional and statutory limits on the State Government’s power to amend the L.R. Manual and override judicial precedents in the appointment of District Government Counsels?

JUDGMENT

Hon’ble Devi Prasad Singh, J.—In this bunch of writ petitions, question and dispute involved relates to appointment of District Government Counsels in District and Sessions Courts of the State of U.P. Substantial question of law is of public importance and common in all the writ petitions. Factual background in these bunch of writ petitions is also with slight difference are more or less same. Hence, with the consent of parties, we decide the writ petitions by present common judgment.

2. Keeping in view lengthy argument, advanced by the parties’ counsel, we are adjudicating the dispute under the following heads :

(I) Maintainability of writ petition

(II) Role of Public Prosecutors

(III) Appointment and Renewal

(IV) Government’s right -whether statutory ?

(V) Opinion of District Judge

(VI) Impugned order and the binding precedent

(VII) Overruling of judgments by Executive Order, not permissible.

(VIII) Undertaking/statement before the Court, shifting of stand and change of Government.

(IX) Doctrine of Finality

(X) Section 25-A of CrPC and Repugnancy

(XI) Office of L.R. of State of U.P. and its failure

(XII) Omission and Arbitrariness

(XIII) Cost

(XIV) Some individual cases

(

Click Here to Read the rest of this document

2012 Supreme(All) 62

DEVI PRASAD SINGH, SATISH CHANDRAU. P. SHASKIYA ADHIVAKTA KALYAN SAMITI, 8, MUSTAFA MARKET, SI – AppellantVersusSTATE OF U. P. – Respondent

How to ensure consultation with District Judge in appointment/renewal of District Government Counsels under Cr.P.C. and L.R. Manual?

What is the role and primacy of District Judge's opinion versus District Magistrate's in renewal/appointment of District Government Counsels, and how should conflicts be resolved?

What are the constitutional and statutory limits on the State Government’s power to amend the L.R. Manual and override judicial precedents in the appointment of District Government Counsels?

Cases Referred (121)

DEVI PRASAD SINGH, SATISH CHANDRA
U. P. SHASKIYA ADHIVAKTA KALYAN SAMITI, 8, MUSTAFA MARKET, SI – Appellant
Versus
STATE OF U. P. – Respondent