Shillong, September 5: Women advocates from the High Court of Meghalaya Bar Association (HCBA) and Shillong Bar Association (SBA) have submitted a memorandum to the Governor of Meghalaya seeking the immediate removal of Advocate General Amit Kumar and an independent and impartial inquiry into the appointment and engagement of State Panel Advocates and other government counsel.
In their memorandum dated September 5, the advocates said their representation was made in the larger interest of the dignity and independence of the legal profession, equal opportunity among advocates, transparency in public appointments, proper utilisation of public funds and public confidence in the constitutional office of the Advocate General.
The women advocates alleged that Kumar had abused the authority of his office and urged the Governor to intervene to ensure that appointments of State Panel Advocates are made through a transparent, merit-based process that provides equal opportunity to all eligible lawyers.
Questions over family appointments
The memorandum alleged that the Advocate General’s wife was appointed as a State Panel Advocate shortly after his appointment in 2018 and that his son was also appointed more recently.
According to the advocates, these appointments raised concerns over nepotism and potential conflict of interest. They alleged that the Advocate General had used the influence of his office to secure appointments for members of his immediate family and argued that this rendered him unfit to continue in the post.
These allegations are contained in the memorandum and have not been independently established.
Seek clarity on selection of State counsel
The women advocates also questioned the alleged appointment or engagement of a substantial number of lawyers professionally associated with, or close to, the Advocate General’s chamber or office to represent the State before courts, tribunals and other judicial or quasi-judicial forums.
They sought clarity on the selection criteria, transparency of the process, equal opportunity for eligible lawyers, objective grounds for selection, the role of the Advocate General and potential conflicts of interest, besides the manner in which public funds were being utilised.
The advocates clarified that they were not questioning the professional competence or personal integrity of individual lawyers who had received State appointments. Their concern, they said, was with the process, transparency and institutional propriety surrounding appointments funded by the public exchequer.
Object to generalised remarks concerning women lawyers
The memorandum also referred to proceedings before the court on August 3 in a case involving the Bar associations and the State. The advocates alleged that submissions made by the Advocate General concerning the safety of women advocates and complaints of sexual harassment had caused concern and distress among women members of the Bar.
They maintained that women advocates in Meghalaya are safe, independent, professionally capable and equal to their male counterparts, asserting that no woman lawyer should be required to compromise her dignity, professional ethics, independence or principles to obtain professional work or recognition.
At the same time, they stressed that every genuine complaint concerning the safety, dignity or welfare of women must be taken seriously and dealt with by the competent authority in accordance with law and due process.
They said their objection was not to legitimate scrutiny of complaints, but to what they described as unverified or generalised assertions that could cast aspersions on Bar associations or women advocates without the underlying facts being independently established.
Four demands before Governor
The women advocates have urged the Governor to:
- Take cognisance of their allegations that the Advocate General abused the powers of his office;
- Remove Amit Kumar immediately from the post of Advocate General;
- Establish a transparent, merit-based and equal-opportunity system for the appointment of State Panel Advocates; and
- Take any further action deemed necessary in the interest of justice, institutional integrity, the legal profession and the public.
The advocates expressed confidence that their representation would be examined independently, objectively and impartially.
The memorandum was submitted collectively by women advocates belonging to the HCBA and SBA. A response from the Advocate General or the State Government to the latest representation was awaited.
