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2014 Supreme(All) 1605

DEVI PRASAD SINGH, ARVIND KUMAR TRIPATHI
AJAY KUMAR SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Saurabh Lavania for the Petitioners; C.S.C. and Manish Kumar for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—District Government Counsel (Civil and Criminal), appointed by the Government in subordinate Courts in pursuance of power conferred by Section 24 of CrPC read with Legal Remambrancer Manual (L.R. Manual), has been the battle ground in this State of U.P. since almost three decades. The necessary element to make appointment of District Government Counsel keeping in view the public good and interest as a condition precedent as held by the Hon’ble Supreme Court vide Mahadev v. Shanti Bhai and othersm, (1969) 2 SCR 422; Mundrika Prasad Singh v. State of Bihar, (1979) 4 SCC 701, seems to be obliterated by their stroke of pen with the change of Government with uncared mind to the statutory mandate and constitutional ethos. The State counsel seems to be appointed or removed without following due course of law and mandate of Hon’ble Supreme Court flowing from catena of judgments including Km. Shri Lekha Vidyarthi etc. etc. v. State of U.P. and others, 1991 SCC (1) 212, as well as State of U.P. v. Johri Mal, 2004 ACC 702 SC and other cases and seems to be deliberately ignored on one or the other ground with the assistance of the Office of Legal Remembran
























































































































































































































































































































































































































































































































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