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He alleged that Mr. Damodaran was appearing for parties in cases in which the government was on the opposite side.
As the legal adviser had been given the status of a Special Government Secretary, the adviser could call for any government files on record. Therefore, the petitioner feared that the new office and status would be misused and abused by the legal adviser with the connivance of the Chief Minister to protect the vested interests involved in the cases.
He, therefore, sought to quash the government order appointing him as the official legal adviser.
S. Gopakumaran Nair, senior counsel for BJP president, contended that the non-joining of duty by the legal adviser would not suffice. The legal question whether the government could create a post of legal adviser to the Chief Minister when the State government had the power to appoint an Advocate General in terms of the Constitution should be considered. The Bench adjourned to July 21 further hearing on the BJP State president’s petition.
