In a significant judgment, the Supreme Court has ruled that only lawyers physically present in court and arguing a case can have their names marked in court orders. This decision may not sit well with the Bar.
According to the ruling, the following individuals can have their appearances marked:
- Senior Advocate
- Advocate-on-record (AoR)
- Any other lawyer arguing the case
- One advocate assisting the senior/arguing counsel
The Court emphasized that a Senior Advocate cannot appear without an AoR in the Supreme Court. Any changes to the appearance list must be informed to the court master.
This judgment puts an end to the existing practice where multiple lawyers’ names were recorded without verifying their presence or authorization to appear ¹. Justice Bela M Trivedi noted that the Supreme Court’s rules, framed in 2013, must be adhered to by all officers and lawyers.
The Court also provided directions on the duty of the AoR regarding the execution of vakalatnama, emphasizing the importance of verifying the due execution of the document.
This decision limits the number of assisting counsel to one, marking a significant change in the Supreme Court’s practice. The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) had jointly filed a petition seeking modification of the Court’s earlier order on this issue