This is how the union law ministry describes itsall-powerful, much feared but little known division, called Central AgencySection (CAS):
“The litigation work in the Supreme Court on behalf of allministries/departments of the Government of India and some administrations ofthe union territories is handled by the Central Agency Section presently headedby a joint secretary”.
That was some years ago. Now it is presided over by anadditional secretary-level officer.
Theoretically then, it is the CAS that allocates legalworks, marks files/briefs to all the government law officers “ attorneygeneral, solicitor general and additional solicitor general of India “ to pleadfor the government in the apex court and therefore, controls crucial legalcases.
Now read how former additional solicitor general (ASG)Bishwajit Bhattacharyya, who retired at the end of his three-year term onNovember 9, 2012, describes this body in his book released the very next day,‘My Experience with the office of Additional Solicitor General of India’:
“I decided that during my entire tenure I would never enterthe office of the Central Agency and I stuck to my decision…. In my life I hadtaken another similar vow pertaining to another organisation; and that is, notto enter any police station…. But between the Central Agency and a policestation if I have to choose, I may end up choosing a police station.”
“I don’t know who controls this office (CAS). It is headedby a senior officer from the law ministry, but who gives instructions to thehead of Central Agency? How instructions are given?”
“In my perception, there has been total anarchy in theCentral Agency without any accountability! This I witnessed for almost threeyears!”
“Till today, after functioning as an ASG for almost three years,I don’t know how cases are marked, who marks and the basis of marking! Theentire exercise is shrouded in non-transparency! It smacks of arbitrariness inthe extreme!”
Pray, why such harsh words?
The book provides some devastating details about its functioning.
We sample some:
Bhattacharyya was appointed ASG for Indirect Tax, onNovember 10, 2009, with a presidential notification to that effect. An ASG forDirect Tax had already been appointed nine months earlier. There was noofficial or unofficial briefing. On that very day, he paid a courtesy call to asenior that ended in one-and-a-half minute flat.
in association with Governance Now
