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regular-article-logo Saturday, 16 November 2024
'Cleansing act' in Didi govt legal team?

Bengal advocate-general quits before his time for 'personal reasons'

Move comes after state govt faced legal blows in SC over DGP's appointment and HC over post-poll violence

Arnab Ganguly Calcutta Published 14.09.21, 05:06 PM
Kishore Datta

Kishore Datta File picture

Senior lawyer Kishore Datta ended his “wonderful experience” as the advocate general of the West Bengal government on Tuesday, citing personal reasons.

Datta, who was involved in defending the state government in several high-profile cases, submitted his resignation to the state, governor Jagdeep Dhankhar.

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“In terms of Article 165 of the Constitution I have accepted with immediate effect resignation submitted by Kishore Datta, senior advocate, as Advocate General of State of West Bengal with immediate effect,” tweeted the governor.

Datta, was representing the state in legal matters ever since his predecessor, barrister Jayanta Mitra, had stepped down in 2017 before completion of his tenure, citing “differences with the government.”

Datta has been replaced by Gopal Mukherjee, senior advocate of Calcutta High Court, as advocate general of the state.

On Monday, Datta was arguing against a petition filed by BJP legislator Ambika Roy, challenging the appointment of defected MLA Mukul Roy as chairperson of the Assembly’s Public Accounts Committee.

“To challenge anything in the Assembly an independent motion has to be moved in the Assembly itself as matter pertaining to Legislative Assembly proceedings cannot be subjected to judicial review due to the bar under Article 212 of the Constitution,” Datta had argued.

Hours before the senior advocate submitted his resignation, Assembly Speaker Biman Banerjee summoned officers belonging to the CBI and the ED investigating the Narada bribery case, for not taking permission of the Speaker before initiating action against elected representatives.

Sources said the state’s poor track record in defending its decisions in court and challenging orders had often taken a toll on the incumbent advocate general.

As recently as September 3, a three-member bench of the Supreme Court had rebuked the state government and refused to entertain the Bengal government’s plea challenging the authority of the Union Public Service Commission to shortlist names of Directors General of Police, as directed by the apex court.

In over a decade since Mamata Banerjee took charge as chief minister none of the advocate generals has completed their terms. Anindya Mitra, Bimal Chatterjee, Jayanta Mitra, and now Datta, all resigned for various reasons at a time when the government was involved in several legal battles.

The Mamata Banerjee government also faced major embarrassment when the Calcutta High Court ordered the CBI, and set up a special investigation team, to probe allegations of murder and rape and other instances of post-poll violence.

Though Datta has cited personal reasons behind his decision to step down, those in the legal circles believe the change was on the way as there has been a "cleansing act" in the government’s legal team.

Little over a month after Mamata Banerjee took over, Abhratosh Majumdar resigned from the post of additional advocate general. Days before that his brother, Jayatosh Majumdar, who was the government pleader, had been removed by the state government.

Trinamul sources said legal matters pertaining to the government were earlier handled by senior lawyer and Trinamul’s Serampore MP Kalyan Banerjee. However, with the wind of change blowing in Trinamul, advocate Sanjay Ghosh, who is close to the Trinamul’s all India general secretary Abhishek Banerjee, has gained the upper hand and is now handling the legal affairs.

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