The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, on receipt of the draft prepared by the Amicus which had taken into consideration the draft prepared by the government and certain other suggestions, said, “It will be open to the state government now to proceed and notify these draft rules, unless they have some concern, which can be brought to the notice of the court on the next date.”
The bench also held: “The records produced before us only has resignations and bio-data. There are, thus, no noting where any decision was taken to call for the bio-data and in what manner such applications for law officers were processed.”
The batch of PILs moved in this regard including that of advocate V Vasanthakumar had contended that the post of Law Officer is not a political one, but a public one bestowed with a greater responsibility of administering justice. They further said that unless the appointment of law officers is made fairly based on the merit, ability and integrity, the justice delivery system would be in peril.
Observing that the law officers are conducting the cases on behalf of the state and not at the instance of the ruling party, the petitioners said it is an unwritten rule that whichever party comes to power, the advocates, sympathisers of that party are appointed as Law Officers and even the appointment of Advocate General and Public Prosecutor of the state is not an exception.
Senior Advocates AL Somayaji and R Krishnamoorthy were appointed as amicus curie in the above connection. The case has been posted to March 16 for further hearing.