The Allahabad High Court has sought the Uttar Pradesh government’s stand on a sensitive conflict-of-interest issue, whether Additional Government Advocates and standing counsels receiving retainership from the State can simultaneously initiate legal proceedings against the government or its officials. The issue surfaced during contempt proceedings before the Lucknow Bench, where the Court’s concern over the role of government-retained law officers could have far-reaching implications for professional ethics and representation norms in Uttar Pradesh.
Justice Justice Saurabh Lavania raised the issue while hearing a contempt petition filed by Ashok Kumar Singh and 28 others alleging deliberate non-compliance with a 2025 court order. During the proceedings, the Court noted that counsel appearing for the petitioners, Advocate Sudhir Kumar Mishra, was serving as an Additional Government Advocate for the State. This prompted the Bench to examine whether law officers retained by the government are legally or ethically permitted to institute proceedings against the very State they represent. The Court subsequently called for a response from the Legal Remembrancer on the scope of such engagement and the permissibility of pursuing litigation against government authorities while holding a state retainership.
The Court’s focus remained on the institutional propriety of dual roles performed by government-appointed advocates. Observing the issue required clarification at the administrative level, the Bench effectively questioned whether such representation could create a conflict between professional obligations and adversarial litigation. In doing so, the Court asked whether “AGAs or standing counsel on state retainership are permitted to file proceedings against the state government or its officers.”
The matter has now been listed for further hearing on May 18, when the State is expected to clarify its position.
Source PTI
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