For filing a case in the Supreme Court of India, one has to engage an Advocate-on-record. A normal advocate cannot file a case in his name in the Supreme Court of India unless he is an Advocate-on-record. An advocate who is enrolled in the bar council of any state for atleast 5 years can sit in the exam to become an AOR. This AOR( Advocate-on-record) generally appoints an arguing counsel to appear before the Hon'ble Court.
On the 14th of July 2013, the Supreme Court of India, constituting the bench of Justice B.S. Chauhan and Justice S.A. Bobde, warned all the advocates-on-record from lending their name for a filing of cases and not taking interest them. The bench heard an application filed by Mohammed Israfil for restoration of appeal which stood dismissed in default by an order on 8th March.
In the case, the Hon'ble Bench had observed that many contents of the application seemed to be factually incorrect. So the bench wanted some explaination and clarification from the Advocate-on-record of the case who had signed the application for restoration. When the matter was taken up, it was learnt that the AOR had refused to come to the court. The Hon'ble Court was also informed that AOR Rameshwar Prasad Goyal has filed a large number of cases, but never appears before the court. Since, the Advocate-on-record had refused to come to the court, the application was dismissed along with which a show cause notice was issued to the AOR.
In the show cause notice issued to the AOR, the Hon'ble Supreme Court of India has asked the AOR, why his license as an AOR should not be cancelled/suspended. He was given a time of three weeks to file a reply. The bench while issuing the show cause notice had said that his conduct obstructed the administration of justice and resulted multiplicity of proceedings.
This show cause notice may be a warning for all the other AORs who are not present in the court during the case and don't take interest in the court proceedings.
No comments:
Post a Comment