This story is from January 28, 2015

Plea before governor seeks probe against AG's 'Parallel Office'

An enquiry should be ordered against the “unfair practice” by advocate general KP Dandapani in engaging his wife, son, and junior lawyers, who runs his private office, to conduct cases against the government, demands a complaint filed by a lawyer to the governor.
Plea before governor seeks probe against AG's 'Parallel Office'
KOCHI: An enquiry should be ordered against the “unfair practice” by advocate general KP Dandapani in engaging his wife, son, and junior lawyers, who runs his private office, to conduct cases against the government, demands a complaint filed by a lawyer to the governor.
The complaint was filed by high court lawyer JS Ajith Kumar of Devine Nagar at South Chittoor in Kochi.

Such a practice by the AG amounts to flagrant violation of the Constitution of India, Advocates Act, and Kerala Government Law Officers (Appointment and Conditions of Services) and Conduct of Cases Rules, 1978, the complainant alleges.
“The present advocate general is having a full furnished office at TD Road, North End by name ‘Dandapani Associates’, with himself (his name presently painted off), his wife, his son, and junior advocates. His wife, son, and their previous juniors (who are presently seniors) are gifted with standing counselship of various public instrumentalities, boards, companies, institutions, etc. When the litigations are effected, they ‘appear’ for these instrumentalities and fill the coffers.
“In other types of cases, the wife/son/present juniors appear for petitioners in which the State/its instrumentalities are the respondents and by adjustments, the seal of the court is obtained, in implementing their wish,” the complaint said.
The complaint further points out the irony in a government pleader having to conduct a case in which the advocate general’s wife or son is appearing for the opposite party. “When the advocate general’s wife/son appear for the petitioner, the government pleader will have a half heart to defend the State and ultimately the tug of war is between the right hand vs the left hand and the one gives up for the others,” the complaint stated.

Advocate general’s wife and son are appearing in criminal cases, writ petitions, and other instrumentalities of the State and are thereby directly and indirectly enjoying the fruit of private practice while the AG is holding a constitutional post, it is alleged. A list of cases in which the AG’s wife and son appeared against the State is also mentioned in the complaint.
The complaint said, “Being a constitutional organ of the State, the learned advocate general is bound to uphold and protect his constitutional morality against clandestine, unjust enrichments. The advocate general is continuing his private practice through his wife, son and junior associates of Dandapani Associates.”
Abuse and misuse of machinery of Advocate General is an abuse of process of court and sheer violation of the Constitution as well as rule of law, the complainant alleges.
The complainant is seeking a direction from the governor to call for records, get an explanation from the AG, and order a full-fledged inquiry “so as to establish the rule of law”.
Further, the plea before the governor said no action is being taken on a complaint filed to Bar Council of Kerala on January 14th alleging professional misconduct of the AG, his wife Sumathy Dandapani, and son Millu Dandapani.
Talking to TOI, the AG said he has not received any notice from the Bar Council of Kerala or from the governor’s office. “No professional misconduct has been alleged by him against me. If a notice is received by me from either of the offices, I’ll explain my stance before them,” the AG said.
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About the Author
Mahir Haneef

Mahir Haneef has been covering the High Court of Kerala since 2011.

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