Conflict of interest: Can UP govt advocates represent pvt individuals against state, queries HC
The Lucknow bench of the Allahabad high court has directed the Uttar Pradesh government to clarify a critical legal boundary: can lawyers paid by the state to defend it, also represent private citizens in lawsuits filed against the government? For representation only (HT File Photo) Justice Saurabh Lavania raised the question on May 8 during the hearing of a contempt petition. The court sought a definitive response from the state’s Legal Remembrancer (LR) —the state’s top legal advisory officer—on whether additional government advocates or standing counsel who receive a retainership from the state are permitted to institute proceedings against government authorities or their officers. The issue surfaced while hearing a case moved by Ashok Kumar Singh and 28 other persons. The group alleged that government officials committed “wilful disobedience” regarding a court order issued in 2025. During the proceedings, the court observed that the advocate representing the petitioners, Sudhir Kumar Mishra, is currently serving as an AGA. This dual role—acting as a state prosecutor while simultaneously representing private parties against the state—prompted the bench to …









