DIMAPUR, SEP 8 (NPN): The Additional Advocate Generals (AAGs) Nagaland and Government Panel Advocates of the Gauhati High Court, Principal Seat and Kohima Bench, have opposed the Nagaland Bar Association’s (NBA) demand for termination of K.N. Balgopal as Advocate General (AG) Nagaland.
In a press statement, the AAGs and government panel advocates said they were pained by the NBA’s demand before the chief minister to appoint the advocate general from among members of the legal fraternity of Nagaland and to terminate the engagement of Balgopal.
They also criticised NBA’s direction to government panel advocates not to aid or assist the advocate general in his court appearances, describing it as “distasteful” and “callous”.
On NBA’s demand that the AG be appointed from among the State’s legal fraternity, they said, in their understanding, there was no constitutional mandate for such a requirement. They termed the demand “without any Constitutional mandate” and said it was “in defiance of reason and fair play”.
The statement said the AG of a State is appointed under Article 165 of the Constitution of India and that the appointment, removal or termination is entirely the prerogative of the State government.
They further said the NBA’s statement circulated in the media was “not in consonance with the mandate of the Constitution”, describing it as a “circumvent, impetuous and supercilious statement” allegedly made without considering all aspects of the matter.
They also termed NBA’s direction to Government Panel Advocates not to aid or assist the Advocate General in court appearances as “manifestly arbitrary and without any accepted standard of conduct”.
In this backdrop, they said they had, “in our own volition”, resolved not to participate in the issue raised by NBA regarding the removal of the incumbent Advocate General Nagaland.
They urged NBA to reconsider its decision regarding the removal or termination of Balgopal and its direction to Government Panel Advocates not to aid or assist him in court appearances.
The AAGs and Government Panel Advocates expressed hope that the NBA would consider their position in the right perspective in the interest of general will.
