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An estimated 2-minute read

Advocates on Record ?

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Hon'ble benches of the 'Supreme Court of India' took Judicial Notices of the unethical practices adopted by some of the 'Advocates on Record' , the Hon'ble benches of the Supreme Court shown its displeasure many times about the said prevalent practices time to time some are reported in; (2009)2 SCC 399 [State of Punjab Versus Ashok Singh Garcha], in (2010)1SCC 166 [Vijay Dhanji Chaudhary Versus Suhas Jayant Natawadkar ] and in 2010(3) SCALE 266 (Smt. Poonam Versus Sumit Tanwar) ultimately on 30.10.2009 the bench of Hon'ble Mr. Justice R.V. Raveendran and Hon'ble Mr. Justice G.S. Singhvi  had sue moto issued notices to 'Supreme Court Bar Association' and 'Advocates on Record Association' to assist the Hon’ble Court to find appropriate solutions and to provide necessary checks and balances regarding the Practice and Procedure of Hon'ble Court.

After appearances  the 'Advocates on Record Association' had filed its suggestion in this matter which cannot be said to be practical and feasible solutions because even all the Advocates on Record are not members of that association, at the relevant time the Board  of Executive of SCBA had resigned and Interim Board Management was functional, such IBOM without calling the General Body of SCBA had made suggestion which was not  acceptable  to majority of the Advocates which causing dissatisfaction among the practicing  members, ultimately the members of “THE SUPREME COURT ADVOCATES ASSOCIATION (NON-AOR)” had decided to file its intervention application in that case and assist the Hon'ble Court, according by a team work legal research was done and an application for impledment is being filed in the matter, and in the interest of justice and for finding solutions and providing necessary check and balances in the present situation, the applicant SCAA made following Suggestions:

(I)      Pursuance to the SCBA resolution dated 4.3.2009 the exemption available to the “Attorneys” and “Solicitors” under Rule 5(i)[(aa)] and (ii)(a) respectively in “SCR 1966”, the similar exemption may kindly be granted to the Advocates-Members having ten years Standing at Bar (SCBA) and experience of conducting / incharge Advocates who draws the Cases etc. of 100 or above in all, be exempted from the passing of Exam./test as prescribed in the Order IV of “SCR 1966” for registering / enrolling themselves as A.O.R. of this Hon’ble Court; And/Or

 (II)     Pursuance to the SCBA resolution dated 4.3.2009 to amend the “SCR 1966” and make a provision therein that whenever a cases; like SLP/WP/Applications etc. are filed, in those cases the name of the conducting / incharge Advocates who draws the Cases etc. may be required to be mentioned in the petition and Registry also publish their names in the Cause Lists and Office Reports issued by this Hon’ble Court along with names of AORs. ; And/Or

 (III)    Just to protect the AORs, the Certificate of the conducting / incharge Advocates made to be filed mandatory mentioning therein Bar Council Enrolment nos. in support of cases; like SLP/WP/Applications etc. concerning the merit of the matter, as well as signature of the Translators be taken on the translated documents, so that no one should escape himself before the Hon’ble Court from the responsibility, so that litigants interest be fully protected in the dispensation of justice. 

Now the case is adjourned for 7.12.2010 for hearing of the parties, and we hope by some solution the Public at large interest will be protected by the Hon'ble Court.

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