The Supreme Court has requested the Supreme Court Bar Association’s response to examine Advocates-on-Record’s role in preventing false statements in pleadings. The case highlights systemic issues, including the reliance of AoRs on unverified information, prompting concerns over delayed judgments. The court seeks guidelines to enhance accountability within the legal profession and address misrepresentation.
New Delhi: The Supreme Court on Monday (Nov 18th) called for the Supreme Court Bar Association’s (SCBA) response in a case examining the role of Advocates-on-Record (AoRs) in preventing false statements in pleadings. A Bench of Justices Abhay S Oka and Augustine George Masih underscored the impact of unverified pleadings on judicial processes, leading to delays and incorrect judgments.
The case stems from a plea for remission in a kidnapping case where the AoR failed to disclose that the Supreme Court had restored a 30-year sentence for the appellant. This prompted the Court to address the broader issue of AoRs signing off on false pleadings.
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Amicus Curiae Dr. S Muralidhar, a former Chief Justice of the Orissa High Court, pointed out systemic issues. He noted,
“Many AoRs do not directly engage with the client… Sometimes lawyers draft [pleadings] and send them to the AoR. Only asking the AoR will not help.”
He also emphasized the need for SCBA’s input to resolve these challenges, adding that AoRs often rely on trust and assistance from non-AoRs and Senior Advocates.
The Court expressed its concerns:
“It is taking time for us to render judgments because of suppression being made [in pleadings],”
and sought SCBA’s feedback, setting the next hearing for December 6. AoR Prateek Chadha was asked to assist the Amicus in developing guidelines.
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This issue gained traction after AoR Jaydip Pati admitted signing a plea containing suppressed facts under Senior Advocate Rishi Malhotra’s instructions. The Bench revealed Malhotra’s involvement in 15 similar cases, signaling systemic lapses.
Solicitor General Tushar Mehta, also present, highlighted the need to reform the process for conferring Senior Advocate designations, adding to the discussions on accountability within the legal profession.
The Supreme Court’s move toward comprehensive guidelines for AoRs aims to address the growing trend of misrepresentation in pleadings, ensuring greater accountability in the legal process.
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