KATHMANDU, July 4: Dipendra Jha, the legal advisor to the provincial government, i.e. the chief attorney of Madhesh Province, has become a private lawyer and argued on behalf of the defendant in a case. On Sunday, going against the constitution and the law, Jha argued in the Supreme Court as a private lawyer against the appointment of Inspector General of Police. However, he is the Madhesh Province’s chief legal advisor.
Public Prosecutor or Private Lawyer for the Accused?
On Sunday, Chief attorney Jha argued in favor of Inspector General of Police Dhir Pratap Singh as a private lawyer in the Supreme Court. The duty of the Chief Attorney is to advocate on behalf of the provincial government concerned. However, he argued by becoming Singh’s private lawyer.
Article 160 of the Constitution provides that the Chief Attorney shall be the chief legal advisor to the Province Government. Clause(5) states that “The Chief Attorney shall be the Chief Legal Advisor to the Government and it shall be the duty of the Chief Attorney to advise the provincial government or any other official designated by the Province Government on constitutional and legal matters.”
The constitution does not give the Chief Attorney the right to act as a private lawyer. The functions, duties and rights of the Chief Attorney of province 2 are mentioned in the Act relating Function, Duties and rights of Chief Attorney of Province 2 and other related Services, 2075.
His main duty is to advocate on behalf of the provincial government on issues that involve legal issues or matters that contain complex constitutional or legal questions related to the constitution, interpretation of laws, whether the provincial government is for or against or the rights, interests or concerns of the state government. If there is any difficulty in the implementation of the prevailing state law, it is his job, duty and authority to immediately make a law on the jurisdiction of the state or to amend the existing law.
When he reached the bench for debate, the bench of the Supreme Court tried to stop him. “You have become Chief Attorney; don’t argue as a legal practitioner''. However, Jha, citing the example of precedents of the United States and India, insisted that he could debate.
“The court was trying to stop him. We are trying to figure out why you want to be a private lawyer. But, he said it is international practice, it can be done and argued. He submitted long precedents of the United States and India,” the source said.
