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OPINION: Law-maker, Lawyer and We the People: Telangana AG’s resignation

The Advocate General for the State of Telangana, Mr. D Prakash Reddy assumed office in July, 2017 after his predecessor resigned from the post. The recent turmoil over the abrupt resignation of the Advocate General for the State of Telangana has swept a storm between the Bar, the Bench and the Executive. The whole incident behind the resignation by the Advocate General for the State of Telangana will find a mention in this article based on media reports and small talk in the corridors of the Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh.

This author tries to make his opinion in this article without hurting the sentiments of anybody related or even remotely associated to the issue. The case of two Congress MLAs expelled from the legislative assembly of Telangana was to be taken up before the Hon’ble High Court of Judicature at Hyderabad. Initially the case was adjourned on an assurance given by the Advocate General for the State of Telangana to the Hon’ble High Court that the video footage of the entire happenings will be submitted in a sealed cover.

The said assurance given by the Advocate General for the State of Telangana seems to have not gone down well with the Government, who stated that the decision of the Advocate General was unilateral and not a concerted decision. The State now, has taken a frivolous plea that, the video footage of the Assembly cannot be shown to the Hon’ble High Court without explicit permission from the Committee of the House/ permission from the House citing a circular of 1957 of the Parliament. It is ironic to see that, the sessions of the budget and other sessions are shown on television channels openly without any issue. But, in the matter at hand, the Assembly seems to have contrary views with an oblique motive.

The Advocate General for the State of Telangana was not wrong in giving an assurance to the Hon’ble High Court as there is a precedent in a similar matter which came up before the Madras High Court in the year 2017 on the matter of trust vote day. In the said case, the Madras High Court sought the entire video footage of the day in issue, wherein the Court was informed that, the footage can be sought in case a formal notice was issued to the Secretary of the Assembly. The Madras High Court then proceeded to direct the Assembly Secretary to produce the video recordings of the House proceedings.

Another event that rumored the sudden resignation of the Advocate General for the State of Telangana is the appointment of a Senior Counsel of the Hon’ble Apex Court without concurrence from the Advocate General for the State of Telangana which has irked and further worsened the situation. The State Government has no matter been persuading the Advocate General for the State of Telangana to withdraw the resignation letter and continue serving in the post.

The author is of the opinion that the Hon’ble High Court has mighty and plenary powers to call for any document, video footage etc., in order to arrive at a judicious conclusion and decision. The legislators shall always be reminded that, no action of theirs can be ignored from the public domain. Every person in the Government is ultimately responsible to “We the People”. The power enjoyed by the legislators seems often to be misused keeping in view various factors and more appropriately need to be self restrained and self controlled!

The Advocate General for the State of Telangana, though appears for the State and holds a high rank and is ultimately an officer of the Court who has to bow down before rules, regulations and ultimately must see that justice prevails and that is what exactly the learned Advocate General for the State of Telangana tried to do!

Prakash Reddy’s image from here.

Manav Gecil Thomas is an advocate practising at the High Court of Hyderabad. Views expressed are personal of the author. The Indian Jurist does not take responsibility for the views expressed or facts stated. 

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