Allahabad High Court dismissed PIL filed by advocate, ruling lawyers cannot become petitioners for clients’ causes. Court warned such actions may constitute misconduct, stressing professional ethics and boundaries in public interest litigation proceedings before judiciary.
PRAYAGRAJ: The High Court of Allahabad dismissed a Public Interest Litigation (PIL) filed by a practicing advocate. The Court observed that a lawyer cannot initiate a PIL to further the cause of parties who have authorized the advocate to handle their legal matters. It also indicated that such conduct may amount to professional misconduct.
Background
The PIL, registered as Public Interest Litigation (PIL) No. 874 of 2026, was filed by Surendra Kumar Sharma, an advocate practicing in District Firozabad. The petitioner sought directions to the Union of India and four others to provide natural gas connections to industries in accordance with guidelines issued by the Ministry of Petroleum.
He further prayed for a direction requiring the respondents to decide an application dated February 22, 2026, which he had submitted.
Petitioner’s Credentials and Court’s View
During the hearing, the Court examined the credentials disclosed by the advocate. In paragraph 4 of the petition, the petitioner stated:
“That, petitioner is practicing lawyer in District-Firozabad and legal advisor of some industry which are situated in District-Firozabad and Industrialist of Firozabad has authorized to petitioner to handle industrial matter before Industrial Authorities.”
The Court held that these averments prevented the petition from being treated as a genuine public interest matter. The Division Bench, comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, reasoned that the claim of being a “legal advisor” and that industrialists had “authorized” him to pursue matters before authorities removed the case from the scope of a PIL.
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In its analysis, the Bench observed:
“Filing of the petition by an Advocate purportedly in public interest with the assertion that he is legal advisor of some industries and the industries have authorized him to handle the matters before the industrial authorities and, therefore, filing of the present petition before this Court, necessarily takes out the petition from the purview of a public interest.”
The Bench also reiterated the ethical limits of the legal profession, stating:
“An advocate who is approached by his clients for redressal of the grievance, cannot be permitted to become a petitioner and file PIL advancing cause of his clients.”
Decision
The Court indicated that the petitioner’s conduct could amount to professional misconduct. However, it took a lenient view and permitted withdrawal of the petition on this occasion. At the same time, the Court issued a clear warning:
“The conduct may amount to professional misconduct, however, with a warning to the petitioner not to indulge in similar adventure in future, the petition is dismissed as withdrawn.”
Accordingly, the PIL was dismissed as withdrawn on April 8, 2026.
Case Title: Surendra Kumar Sharma Versus Union of India and 4 others PIL No.: 874 of 2026
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