States not to change panel of lawyers at least 6 weeks upon change of party in power: Supreme Court

New Delhi: The Supreme Court has asked the States and Union Territories not to change its panel of lawyers until six weeks after change of political party in power as it affected the court's work leading to adjournments due to lack of instructions.

"During the last few months, this court has noticed that after the change of power from one political party to another, the States/Union Territories are changing their panel of advocates appearing in this court. Therefore, this court is required to grant adjournments from time to time on the ground of change," a bench of Justices Abhay S Oka and Ujjal Bhuyan said.

The court was confronted with the scenario when it was informed that there was no instruction to the Uttarakhand government counsel in a bail matter, as panel of lawyers got changed. 

The Uttarakhand law secretary, who was asked to be personally present before the court, submitted that the change in the panel of lawyers was effected as same set of counsel continued for the last seven to eight years.

"It is true that the States/Union Territories have power to change their empanelled advocates, but while doing so, they must ensure that the court’s functioning is not adversely affected. Therefore, it will be appropriate if the States/Union Territories while changing the panel of advocates continue the old panel for at least six weeks so that the courts are not forced to grant adjournments," the bench said.

The court also directed its Registry to circulate a copy of the order to the Standing Counsel representing all the States/Union Territories.

In its order, the bench also granted bail to the petitioner, Sachin Kumar in a case related to use of unfair means in the examination conducted by the Uttarakhand Subordinate Service Selection Commission.

The bench noted the appellant has undergone incarceration for a period of more than one and a half years, while the charge sheet has been filed, charges have been framed and at least four co-accused have been released on bail.