Special posts created by the state government to accommodate these lawyers were not filled on time, and therefore have now lapsed due to confusion over whether the Mumbai Police Commissioner or the Joint Commissioner of Police (Crime) should be the chairman of the appointing committee.

Newsline had first reported that a Government Resolution had been passed in February 2007, which sanctioned the appointment of a special team of lawyers who would provide legal opinion to the police to build watertight cases that lead to convictions.

The legal advisors will not argue in court, but will assist the police in putting together the cases, which will then be taken up by public prosecutors.

“The GR provided for the appointment of legal advisors to the police. Each Assistant Commissioner of Police, Deputy Commissioner, Additional Commissioner and Joint Commissioner would have a legal advisor to advise them on legal matters. The Mumbai Police Commissioner will also have a special legal advisor to assist him. As part of the project, a total of 86 lawyers were to be appointed and given a monthly salary,” explained Joint Commissioner of Police, Crime, Rakesh Maria.

However, these 86 posts created have now lapsed, due to which a proposal to revive them has been sent by the police to the Home Department.

“When a post is created, unless it is filled within a period of six months it lapses. Such a post then becomes null and void, and the state has to once again sanction the post. In the case of the legal advisors, the posts lapsed and we have now sent a proposal for their revival to the Home Department,” Joint Commissioner of Police, Administration, Hemant Karkare told Newsline.

Confirming this Maria said, “Yes, there were some problems due to which the legal advisors were not appointed. There is a proposal pending with the Home Department after which interviews will be conducted.”

Giving reasons why the posts were not filled on time, Karkare said, “Initially, after the GR was passed, the Mumbai Police Commissioner was supposed to be the chairman of the appointing committee. However, since he is an Additional DG rank officer with several other responsibilities, it was decided that the Joint CP heading the Crime Branch would be the chairman. It took some time to get this point cleared by the Home Department, within which the posts for the legal advisors had lapsed.”

According to the GR, there will be four grades of legal advisors: while the chief legal advisor to the police commissioner will need at least 20 years’ experience, candidates for the lowest grade will require a minimum of 5 years’ experience in the Bar and will be assigned to ACPs and DCPs. The next level will require a minimum of 7 years’ experience and will be assigned to Additional CPs, while joint commissioners will be assigned lawyers with at least 10 years’ experience.

Once appointed, they will be allowed to carry on their private practice only if they do not compromise the position of the state in any case, and with the prior permission of the appointing authority.