SC directs States / UTs to allow old lawyers to continue for 6 weeks

New Delhi, Apr 3 (Bureau) The Supreme Court said on Tuesday that after the elections, if there is a change in the government, the States /Union Territories must ensure that while changing the panel of advocates, the old panel should continue for at least six weeks so that the courts are not forced to grant adjournments. “We direct the Registry to circulate a copy of this order to the Standing Counsel, representing all the States / Union Territories,” the division bench of Justices Abhay S Oka and Ujjal Bhuyan made these observations while hearing a bail application of an accused charged with criminal cheating under the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act.

The court expressed its dilemma regarding how, for the last few months, the panel of advocates in the States / Union Territories has witnessed change after the shift in political power. The court observed that this change in the panel often results in adjournments. The Court added, “It is true that the States / Union Territories have the power to change their empanelled advocates, but while doing so, they must ensure that the Court’s functioning is not adversely affected.” The apex court proposed that the States / Union Territories maintain the previous panel of advocates for at least six weeks while changing the panel of advocates. This was suggested to avoid adjournments.