The petitioner Mohammed Shiyaz, general secretary of the Youth Congress in Kerala, who had filed the impleading petition in the writ appeal filed by A John Kennedy and others in the lottery case challenging the single judge's order permitting only one draw a week, has been asked to pay Rs 50,000 within three months to the Kerala Legal Services Authority.
Shiyaz also wanted the court the expunge the arguments of the AG from the records of the case.
Dismissing the impleading petition, a division bench comprising Justice Thothathil B Radhakrishnan and justice P Bhavadasan held that there is nothing wrong in the Tamil Nadu AG appearing in the lottery case.
Criticising the petitioner, the court held that his action amounts to interference in the judicial process and abuse of the process of law.
The injustice done to senior advocate P S Raman or his client cannot be repaired by imposing the cost. Even then considering the aspect that the petitioner is a law graduate and leader of the youth congress, cost has to be imposed, the court held.
Even on earlier occasions, Attorney Generals and Advocate Generals have appeared in private cases, the court held.
The petitioner contended that if any AG is permitted to appear for private persons it will lead to disastrous consequences and will cause serious threat to the judicial sanctity of the country.
If private practice is permitted to the AG it will amount to violation of oath taken as per the schedule set out in the constitution.
The Kerala government had also termed as 'improper' the appearance of AG as counsel in the lottery case against the state government and the state chief minister V S Achutanandan had also written to his TN counterpart about the state's 'deep concern and displeasure' over the AG's appearance in the court in the lottery case.
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