A law officer should be a law-knowing person and not a political leader knowing person, the Madras High Court noted on Friday, and expressed the hope that the government would frame appropriate rules at the earliest to make law officers appointment in a rational manner.
In a hard-hitting order, Justice N. Kirubakaran observed there was no yardstick prescribing the minimum period of practice and expertise in special law for appointment as law officers.
Thrust on courts
“The post which an advocate gets depends upon the amount of influence and political patronage of the concerned candidate has in the party or with the family members of friends of the party leaders. Some of the advocates who do not have sufficient experience in court practice and who do not know fundamentals of law are being thrust on courts as Law Officers merely because they are party loyalists or known to the family members or friends of top leaders.”
Justice Kirubakaran made the observation while dismissing a petition by M. Prakasam seeking to transfer trial of a murder case, in which the petitioner was an accused, from the Principal District and Sessions Judge (PSJ), Tiruchi, to the PSJ, Pudukottai.
The petitioner said he sought the transfer as two witnesses, who were sons of the victim, were politically influential persons. There was a close connection between them and the Public Prosecutor of the PSJ court in Tiruchi.
The Judge observed that when both the accused and the witnesses were from the same ruling party, the allegation of political influence was not sustainable.
There was no material to prove the petitioner’s contention. If really there was an apprehension on the part of the petitioner, he could have approached the court at the earliest.
Political loyalty
The Judge said in spite of being statutory appointments, law officers are appointed on the basis of political loyalty. There may not be any problem if the candidate was meritorious and loyal.
The court reminded political parties that the interest of the common man and the State would be protected only by honest, meritorious, and legally sound advocates with impeccable integrity and character.
The High Court should be consulted by the government before appointing law officers, Justice Kirubakaran said.
