The Division Bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, emphasized the vital role AORs play, stating that no litigant can approach the Court without engaging an AOR. Therefore, the Court believes it is essential to formulate guidelines for their conduct.
NEW DELHI: The Supreme Court has announced plans to establish guidelines for Advocates-on-Record (AORs) and has sought input from the Supreme Court AOR Association. Senior Advocate S. Murlidhar has been appointed as amicus curiae in this matter.
This decision arises from a Special Leave Petition related to a criminal case, during which certain crucial facts were allegedly concealed by the advocates involved.
The Division Bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, emphasized the vital role AORs play, stating that no litigant can approach the Court without engaging an AOR. Therefore, the Court believes it is essential to formulate guidelines for their conduct.
Senior Advocate Meenakshi Arora represented Senior Advocate Rishi Malhotra, while Senior Advocate Prashant Bhushan appeared for a complainant in the case concerning a conviction that led to a 30-year sentence. The High Court had previously overturned this ruling, but the Supreme Court later reinstated the Trial Court’s judgment, clarifying that the petitioner would serve a life sentence of 30 years without remission.
“This case raises significant concerns regarding the responsibilities of Advocates-on-Record in this court. Beyond the conflict between senior and junior advocates reflected in the affidavits, the focus is on the conduct of Advocates-on-Record, particularly in light of Explanation A to Rule 10 of Order 4 of the Supreme Court Rules, 2013. Advocates-on-Record play a crucial role, as no litigant can seek redress from this Court without engaging one. Therefore, it is essential to consider establishing guidelines for their conduct. The learned president of the SCAORA and its office bearers are present and have agreed to assist the court on this matter.”
The Supreme Court noted that these significant details were omitted when filing the Special Leave Petition, which it characterized as a “very serious and gross case of material misrepresentation.”
The Court instructed its Registry to issue a notice to AOR Jaydip Pati, requiring him to submit an affidavit detailing his actions. During a subsequent hearing on September 30, the Court described the affidavit submitted by Pati as “to say the least, shocking,” indicating it would address his position later.
On that date, the Court also issued a notice to Senior Advocate Rishi Malhotra, asking him to clarify the contents of Pati’s affidavit. The Court expressed concern over “at least” six instances where “blatant false statements” were found in Writ Petitions and Special Leave Petitions seeking early release for convicts.
It requested assistance from the President of the Supreme Court Advocates-on-Record Association (SCAORA).
On September 21, the Court reviewed Malhotra’s affidavit and appeared unsatisfied with it. The Bench acknowledged Arora’s statement about filing a “better affidavit.”
The Court remarked that the present case “raises issues of great concern” regarding the responsibilities of Advocates-on-Record. It added that beyond the dispute between senior and junior counsel, the conduct of the Advocate-on-Record is particularly concerning, especially in light of Explanation (a) to Rule 10 of Order IV of the Supreme Court Rules, 2013.
This Rule stipulates that “mere name lending by an advocate-on-record without any further participation in the proceedings of the case” constitutes misconduct or conduct unbecoming of an Advocate-on-Record. The Court ordered that all case documents, including affidavits, be sent to the amicus curiae.
It proposed that SCAORA office-bearers meet with the appointed amicus curiae to collaborate on the development of agreed guidelines.
The next hearing is scheduled for November 11, 2024.
Case Title: Case Details: Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr., SLP(Crl.)/4299/2024
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