Law officers don’t know where to take orders from

Chennai: Law officers who represent the Tamil Nadu government before various courts in the state are in a spot, not knowing where to take instructions from to conduct cases.

A habeas corpus proceeding relating to allegations of illegal detention of AIADMK MLAs is a case in point. Though petitioners said the MLAs must be set at liberty to make their free political choice, the additional public prosecutor representing the government told the court that no one was illegally detained and all AIADMK MLAs were staying at the MLAs hostel in Chennai.

"The court was witness to a piquant situation. The petitioners were indirectly siding with the caretaker chief minister, while the prosecutor's stand went against the interests of the head of the state," said a law officer who was watching the proceedings from the sidelines. "I may have to wait for a couple of days more to know where I stand, and which side I should take," he told TOI.

The Madras high now has about 100 law officers, including an advocate-general, seven additional advocates-general, a government pleader and a public prosecutor.

A senior advocate said some senior law officers could be inducted to balance the situation and added, "they would take orders directly from the present chief minister, or an arrangement to which he is part of, till a new dispensation takes charge. The very idea hints the government does not trust its set of law officers totally."

A vast majority of law officers are drawn from the legal wings of parties in power.

Whenever there is a change of government, the ritual of all law officers from the advocate-general up to a juniormost government advocate quitting their posts takes place. This time, though, it is different. "The chief minister is the same, the party is the same, but he has resigned and is continuing only as caretaker chief minister. Also, AIADMK general secretary V K Sasikala is the chief minister-elect. The only issue here is, Panneerselvam no longer enjoys the confidence of his cabinet and support of a majority of his party MLAs," said a senior law officer.