Youth Congress State general secretary Mohammed Shiyaz on Thursday filed an affidavit urging a Division Bench of the Kerala High Court hearing the lottery cases not to accept the arguments of P.S. Raman, Advocate-General of Tamil Nadu, made on behalf of Megha Distributor.
The petition sought to implead the Youth Congress leader as a respondent in the case. According to him, the appearance of the Advocate-General in a case in which another government's policy and legislative power of another State were challenged was a serious constitutional issue. The petitioner pointed out that Tamil Nadu was not a party in the case. Nor the case related to any dispute between the two States. The Advocate-General appeared in the case to protect the interests of a private person.
The petitioner said Article 165 of the Constitution had prescribed the functions and duties of the Advocate-General. The Advocate-General could not defend an accused person in a criminal prosecution nor could he advise private parties in cases in which he was likely to be called upon to give advice.
Besides, the Supreme Court and various High Courts had commented on the position and functions of the Advocate-General on many occasions. It could be inferred from these decisions that the Advocate-General could discharge his duties as a constitutional functionary but could not appear for a private person as his counsel.
The petitioner said the challenge raised by the Advocate-General of Tamil Nadu against the Kerala Tax on Paper Lotteries Act, 2010 was against the interests and policy of the State of Kerala and its “legislative freedom.. In fact, his action amounted to "encroachment upon the sovereign power of the State and the federal character of the State of Kerala". He also pointed out that the President had given assent to the Act. Therefore, the Advocate-General who was “a constitutional subordinate” to the President could not question the legality and correctness of the legislation.
The petitioner pointed out that certain criminal cases were pending against Santiago Martin who controlled Megha Distributor, in Tamil Nadu. As the Advocate-General being the principal law officer of the State of Tamil Nadu, his appearance for Mr. Martin's agent went against “the constitutional responsibilities. Besides, the appearance of the Advocate-General would amount to violation of the oath taken by him as per the schedule set out in the Constitution.
