AG writes to SC, says unwarranted attempt to interfere with administration of justice, seeks contempt against Maharashtra Wakf Board

New Delhi [India], August 2 : Attorney General (AG) KK Venugopal has written a letter to the Registrar of the Supreme Court about removing of Advocate-on-Record (AoR) in a case relating to the Maharashtra State Board of Wakfs and said that this as unwarranted attempt to interfere in the due administration of justice by removing counsel representing the parties.
"This clearly is an act of contempt of court," AG Venugopal said in the letter wherein he has mentioned that "the last such person who has been targeted is the Attorney General for India."
"All this interference with counsel who are to represent parties being removed at the last minute is a serious, uncalled for, and unwarranted attempt to interfere in the due administration of justice by removing counsel representing the parties. This clearly is an act of contempt of court," the letter said.
AG Venugopal said that the Attorney General cannot be dealt with so casually through a letter of this nature for the simple reason that under Article 76(3) of the Constitution, "In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India".
AG Venugopal also mentioned that in Britain, the Attorney General with similar powers has intervened, according to the commentaries, in cases where public charities are involved.
"I have myself filed a Special Leave Petition directly in the Supreme Court where a judgment of the Bombay High Court had wholly misinterpreted the provisions of POCSO Act, though not a party to the case. There is no question of the Attorney General not being able to do so and the precedent existed in 1986 [Refer Attorney General of India v. Lachma Devi AIR 1986 SC 467]," AG Venugopal said.
The letter also pointed out that when the Attorney General exercises his right of audience under Article 76(3) of the Constitution, he does it on his own right and need not exercise that right only on instructions from an Advocate on Record.
"The fact that my Advocate on Record has been changed makes, therefore, no difference," the court said.
AG said that he has made all these points before the Supreme Court and the court can decide upon whatever should be the future course of action in the matter.
On Tuesday when the top court heard the matter, the bench led by Chief Justice of India pulled up the Maharashtra State Board of Wakfs.
The court asked the Board that is this the way you deal with AG Venugopal and remarked that it has forced AG to write the letter.
The court adjourned the matter for August 19 for further hearing.
The court was hearing special leave petitions filed by the Maharashtra State Board of Wakfs.