Case Note & Summary
The case involved an application for restoration of Special Leave Petition No. 18481/2009, which had been dismissed earlier. The Supreme Court noted irregularities in the application, particularly concerning the role of the Advocate-on-Record, who was found to have no substantive involvement in the case. The court highlighted that many Advocates-on-Record were merely lending their names for filing petitions without taking responsibility for the cases, which was contrary to the Supreme Court Rules, 1966. The court expressed concern over the effectiveness of the Advocate-on-Record system and sought to address the issue by issuing notices to relevant associations for suggestions on improving the system. The court also acknowledged grievances regarding the Advocate-on-Record examinations, particularly the requirement of knowledge in Book Keeping and Accounts, suggesting that this requirement be amended to enhance participation in the examinations. Ultimately, the court allowed the restoration of the SLP subject to the deposit of costs with the Supreme Court Legal Services Committee. The decision aimed to reinforce the responsibilities of Advocates-on-Record and improve the overall system of legal representation.
Headnote
A) Advocate-on-Record - Role and Responsibilities - Filing as Name-Lender - Supreme Court Rules, 1966, Rule 1, Rule 6(b), Rule 6(a) - The court addressed the issue of Advocates-on-Record acting merely as name-lenders without fulfilling their responsibilities, which undermines the purpose of the system. The court directed the Advocate-on-Record Association and the Supreme Court Bar Association to assist in finding solutions to enforce discipline and ensure effective assistance from Advocates-on-Record (Paras 3-8).
Issue of Consideration
Whether an Advocate-on-Record can file appearance as a mere name-lender without performing associated functions.
Final Decision
The application for restoration was allowed subject to the deposit of Rs. 2500 as costs with the Supreme Court Legal Services Committee within four weeks.
Law Points
- Advocate-on-Record responsibilities
- Supreme Court Rules
- 1966
- restoration of SLP
- effective assistance of counsel
