Call AG removal plea ‘unconstitutional’
Dimapur, September 8 (MExN): The Additional Advocate Generals of Nagaland and Government Panel Advocates at Gauhati High Court Principal Seat and Kohima Bench on Tuesday hit back at the Nagaland Bar Association (NBA) over its demand to remove Advocate General K N Balgopal, calling the demand “without any Constitutional mandate” and “in defiance of reason and fair play.”
The law officers in a press release said they were “pained” by the NBA’s stand, which had urged Chief Minister Dr Neiphiu Rio to terminate the engagement of Balgobal and appoint an Advocate General from among Nagaland’s own legal fraternity.
“The appointment of the Advocate General of a State is made under Article 165 of the Constitution of India, and the appointment, removal or termination is entirely the prerogative of the State Government,” the statement said. It asserted that the NBA’s demand is “without any Constitutional mandate, the same is in no uncertain terms in defiance of reason and fair play.”
The Additional AGs and Government Panel Advocates also objected to the NBA’s parallel resolution directing Government Panel Advocates not to aid or assist the Ld Advocate General in Nagaland during his appearances, terming it “very distasteful and callous.”
“The press statement issued by the NBA... is manifestly arbitrary and without any accepted standard of conduct,” the law officers said. “As such, in the backdrop of what has been stated, we have in our own volition resolved not to participate with the present issue at hand raised by the NBA in regard to removal of our incumbent Ld Advocate General Nagaland.”
They, however, appealed to the Bar body to reconsider its position. “We earnestly urge the NBA to kindly reconsider the decision on the issue of removal/termination of the present Advocate General and the direction to Government Panel Advocates not to aid or assist him in his court appearances,” the statement said.
The law officers added that they hoped the NBA would view their concerns “in the right perspective in the interest of general will.”
The NBA had earlier issued a press statement calling for Balgopal’s removal and asking that the post be filled from within Nagaland’s legal fraternity, a demand that has now triggered a sharp counter from the state’s own panel of law officers.
