New Delhi: The former Chhattisgarh advocate general has lashed out at the state’s Congress government, saying he was removed from office in violation of the due process. According to senior advocate Kanak Tiwari, one of the reasons he was replaced as the state’s top lawyer was his opposition to “defective” investigations launched by the government, which came to power in December 2018, against opposition leaders.
Tiwari had taken charge as Chhattisgarh advocate general in January, but was removed five months later. A lawyer named Satish Chandra Verma has been appointed as his successor.
While Chhattisgarh Chief Minister Bhupesh Baghel told the press that Tiwari had resigned, the latter denied putting in his papers.
“I never tendered my resignation. I never said that I will not work,” he told ThePrint.
Citing Article 165 of the Constitution, Tiwari said the office of the advocate general has to be vacated by a valid order, with a separate notification specifying that the incumbent has resigned. Another notification announcing the appointment of the new advocate general needs to be issued thereafter, he added.
Pointing out that this was not done in this case, he said, “This is the first exceptional illustration of the use of such phraseology by the law secretary of the state, stating that Mr Kanak Tiwari will be replaced by Mr Satish Chandra Verma.
“This is a peculiar order in the annals of constitutional law,” he said. “The order appointing me was also a clear order, stating that I had been appointed, and my predecessor was divested because of his resignation. So the post has to be vacant for it to be filled,” Tiwari added.
“Had they asked me, I would’ve voluntarily resigned within a second. They should have been courteous enough to ask me.”
Reached by ThePrint, Verma as well as Pankaj Kumar Singh, the additional secretary in the Chhattisgarh Law and Legislative Affairs Department, refused to comment on Tiwari’s remarks.
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Bone of contention: State SITs
Tiwari believes his removal came after he expressed disagreement with the government over the constitution of several Special Investigation Teams (SITs) for “implicating politicians and bureaucrats” from the “opposition party”, shortly after the Congress government came to power in Chhattisgarh.
The Chhattisgarh polity is largely dominated by the Congress and the BJP, which was voted out of office after a 15-year tenure in December 2018.
He said he had advised the government that certain SITs were “defective” and that they would not pay any dividends.
The constitution of these SITs has been frowned upon by different judges of the Chhattisgarh High Court as well through different orders.
Tiwari said the law secretary never met him during his tenure and that he was never given an appointment by the chief minister for discussions.
“I have never come across such an incident in our constitutional history, that a chief minister has not responded to personal telephone calls of the advocate general on crucial issues of the state,” he told ThePrint. “I certainly blame him, but I don’t hold any grudges against him or Verma.”
He added that he was often sidestepped by the government, which, instead, took advice from junior lawyers.
Tiwari told ThePrint that he has moved a representation on his grievances to Governor Anandiben Patel. He is understood to have told her that her office was not correctly informed about him having tendered his resignation.
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