Political affiliation not a disqualification: P&H High Court on challenge to Punjab AG's appointment

The Punjab and Haryana High Court on Thursday remarked that an Advocate General (AG)'s appointment cannot be challenged only on the ground of his political affiliation [Jagmohan Singh Bhatti vs State of Punjab and Others].

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a public interest litigation petition challenging the appointment of advocate Maninderjit Singh Bedi as the Advocate General (AG) of Punjab.

"You cannot succeed in the challenge to an office of Advocate General just by saying he is politically affiliated with some party; that cannot be a disqualification," the Court remarked.

Bedi's appointment has been challenged by advocate Jagmohan Singh Bhatti, who argued that that AG has political connections and thus his appointment can be subject to judicial review.

However, the Court pointed out that qualifications of an AG are not laid down. Only 10 years of practice at Bar is required, it added.

"Does he possess the 10 years practice or not," Chief Justice Nagu remarked.

Bhatti claimed that Bedi had been abroad for six years. However, the Court asked whether the ground was taken in the petition

In response, the petitioner said he had come across the information recently and can file an additional affidavit. He also cited news reports about Bedi's affiliation with the Aam Aadmi Party (AAP) convener Arvind Kejriwal.

Senior Additional Advocate General Anu Chatrath, appearing for the State, submitted that those newspaper reports are dated March 31 but the affidavit in support of those averments and pleadings was dated March 30.

"I have got details of public interest litigations, approximately 35, by the petitioner and most of them are dismissed in default and till date no application has been filed for getting them revived," Chatrath added.

Unconvinced by Bhatti's arguments, the Court adjourned the matter for next hearing on August 28.

"Lot many people are in the queue and they have more pressing matters than you have," it remarked.

Bedi was appointed as AG on March 30 after the resignation of Senior Advocate Gurminder Singh from the post.

Punjab AGs have had short tenures since September 2021.

1. Senior Advocate APS Deol remained Punjab’s AG for a short period between September 27 and November 12 in 2021 when Congress was in power.  

2. He was replaced by Senior Advocate DS Patwalia who also held the post only for a brief period between November 19, 2021 and March 18, 2022. He resigned after Aam Aadmi Party came to power in the State.

3. Senior Advocate Anmol Rattan Sidhu then remained AG till July 2022. 

4. He then resigned and Senior Advocate Vinod Ghai was appointed. Ghai resigned in October 2023.

5. Senior Advocate Gurminder Singh then served as AG.

Senior Additional Advocate General Anu Chatrath appeared for the State of Punjab.