In a significant legal query, the Calcutta High Court has demanded a comprehensive report from the legal remembrance of the West Bengal government. The inquiry centers on whether government retainer counsel should be permitted to represent defendants in criminal cases initiated by the state itself.
The issue arose during proceedings involving a prominent political figure, presided over by Justice Tirthankar Ghosh. The court noted a precedent wherein the current Advocate General represented an accused in a high-profile recruitment scam, sparking questions about the appropriateness and legality of such legal representations.
Justice Ghosh emphasized the need for strict adherence to legal ethics and procedural discipline, expressing concern over the potential conflicts of interest when state-appointed counsel defend individuals accused by the state. “This I will not allow…there must be a discipline,” he stated, underscoring the sensitive nature of criminal cases which often contain evidence critical to the integrity of judicial investigations.
The court has also made it clear that once a lawyer accepts a retainer from the government, they must refrain from taking on private cases, pointing to established legal principles governing the responsibilities of government retainers.
Highlighting the stakes involved, Justice Ghosh remarked, “Nothing will be left after this, the State of West Bengal will become a casualty,” if the current practices continue unchecked.
