Attorney General (AG) K.K. Venugopal on August 2 accused the Maharashtra State Board of Waqfs in the Supreme Court of "targeting" him through a "serious, uncalled for and unwarranted attempt" to remove him as its lawyer at the last minute in a sensitive case.
The Board, a statutory body, superintends Waqf property running into acres and worth crores in the State. Mr. Venugopal was representing the Board in a batch of petitions on the seminal question whether every charitable trust established by a person practising Islam was necessarily a Waqf
Waqf is the property given in the name of God for religious and charitable purposes.
Taking serious note of the Board's "casual" treatment of the country's top law officer and constitutional authority, Chief Justice of India N.V. Ramana, heading a three-judge Bench, said "this is not the way you behave to the Attorney General… This is improper".
Contempt action sought
Mr. Venugopal said the court should even contemplate initiating contempt action.
The AG had written to the Supreme Court narrating the surprising turn of events.
Mr. Venugopal said he had come across a letter written by a lawyer purportedly on behalf of the Board. This letter had wanted the cancellation of a two-week adjournment sought previously in the case owing to the "health of the Attorney General". The lawyer's letter had said the case was of an "urgent nature" and could not be adjourned. The lawyer said that the Board had already made "alternate arrangement" for representation in the case.
Mr. Venugopal said the move to replace him as counsel came even as he had himself written a letter to cancel the adjournment in order to appear in the case on August 2.
‘Right of audience’
He said the AG had the "right of audience" in all courts in the country under Article 76(3) of the Constitution.
The communication of the AG was placed before the court on Tuesday.
Mr. Venugopal said such conduct and displacement of counsel amounted to "interference in the administration of justice".
The Board had taken "shocking steps", including the removal of lawyers who were assisting him in the case, the AG said.
"The last such person who has been targeted is the Attorney General of India… This clearly is an act of contempt of court," Mr. Venugopal said.
The court scheduled a hearing on August 19.
