The CBI’s recent decision to remove Ottavio Quattrocchi from its list of wanted persons has invited much debate on the CBI’s impartiality, and the role of the Attorney General who allegedly asked the CBI to withdraw the red corner notice against Q. In yesterday’s Indian Express, Dr. Rajeev Dhavan, noted legal scholar, wrote an article presenting an overview of the role of an attorney general and highlighting the importance of the position.
For the benefit of readers, especially those who will read from the archives of LOAT.
A quote from the decision of the House of Lords, in the context of AG's prerogative to appoint special counsels to handle public interest immunity claims at disclosure stage.
"It is very well-established that when exercising a range of functions the Attorney General acts not as a minister of the Crown (although he is of course such) and not as the public officer with overall responsibility for the conduct of prosecutions, but as an independent, unpartisan guardian of the public interest in the administration of justice”
Regina v. H, [2004] UKHL 3, para. 46
“It is very well-established that when exercising a range of functions the Attorney General acts not as a minister of the Crown (although he is of course such) and not as the public officer with overall responsibility for the conduct of prosecutions, but as an independent, unpartisan guardian of the public interest in the administration of justice”