HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Second Bail Application No. 8369/2021 Deva Ram S/o Kana Ram, Aged About 53 Years, Village Salagnada, At Present Ramnada Tausar, P.s. Kotwali, Nagaur. (At Present Lodged In District Jail, Nagaur).

----Petitioner Versus State, Through Pp ----Respondent For Petitioner(s) : Mr. RS Choudhary Mr. Prakash Chandra Bishnoi For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG Mr. Sandeep Shah, AAG Mr. Anil Joshi, PP Mr. Vijay Bishnoi Mr. V. Saravana Kumar, Special Secretary (Home), Govt. of Raj., Jaipur HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

03/09/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

At the threshold Mr. Farzand Ali, learned GA-cum-AAG, informs the Court that although he was directed by this Court to appear in this matter but since he has been removed as counsel in the matter, therefore, he has tendered his resignation from the post of Addl. Advocate General as well as Government Advocate as he feels it detrimental to his self-respect. Mr. Farzand Ali further informs the Court that State has already substituted Mr. Sandeep Shah, learned AAG, and as he does not have the required instructions, he may be exempted from continuing with the submissions.

Earlier this Court directed Mr. Farzand Ali, learned GA cum AAG to assist the Court, as he was doing earlier because the matter involves complex question of law but the submissions made today do not go down well with the smooth adjudication process to be undertaken by this Court.

At this juncture, Mr. Sandeep Shah, learned AAG, has shown order dated 01.09.2021, issued by Secretary (Law), Government of Rajasthan, Law (Cell-4) Department, which says that Shri Farzand Ali, GA-cum-AAG shall continue to conduct the present case including bail application and Mr. Sandeep Shah is appointed/authorized to file all requisite affidavits as directed by the Hon`ble Court and shall appear on behalf of Special Secretary (Home), who is presently holding the post. Mr. Sandeep Shah, learned AAG, has also shown order dated 27.08.2021 whereby limited sanction is reflected. Another order dated 03.09.2021 has been shown which shows that the decision regarding resignation of Mr. Farzand Ali, GA-cum-AAG is yet to take place.

Mr. Sandeep Shah made a clear statement that State of Rajasthan has not removed Mr. Farzand Ali from representing State in the present case; more so he shall continue to represent the State in the matter except for Special Secretary (Home) for whom Mr. Shah has been authorized.

This Court felt it appropriate to record the aforesaid submissions as the issue raised herein pertains to prestige of lawyer (Officer of this Court) and the adjudication process cannot be continued when misunderstanding between the lawyers, who are officers of court, their overtake efficiency and strength.

In the fitness of things and aforesaid submissions made by Mr. Sandeep Shah, this Court further requested Mr. Farzand Ali to continue to assist this Court as he has already instructions from State and further Mr. Sandeep Shah, learned AAG, shall be representing Special Secretary (Home) only.

It is needless to say that the agony caused to learned AAG Mr. Farzand Ali while appearing in this case has unnecessarily mired the whole issue, which was not called for. In the fitness of things learned AAG Mr. Farzand Ali, who was requested by this Court to continue to assist in this matter as per instructions of State assured the Court that though he was anguished and peeved by the manner in which he was treated in this matter, he has agreed to continue with his assistance. Moreover, the misunderstanding has been cleared. This Court and the State continue to repose full faith in him, and assures that he shall not press for his resignation.

On such assurance given by Mr. Farzand Ali, the issue of representing State stands resolved and the