Is Non-Availability Of Designated Senior Advocate A Ground For Adjournment? Allahabad High Court To Examine

A Single Bench of Justice Vivek Agarwal was of the opinion that Senior Advocates appears on instructions of the instructing counsel, therefore, there cannot be any ground for adjournment to accommodate non-appearance of the designated Senior Counsel.

To examine this position in detail, the Court has appointed Senior Advocate Shashi Prakash Singh assisted by Chandra Prakash Yadav as Amicus Curiae alongwith Senior Advocate Vijay Gautam. The issue will be considered on January 15, 2021.

That apart, the Bench will also examine if the of Senior Advocate can be reflected in the cause list.

The development comes in a writ petition filed by one Pramendra Yadav. The Petitioner's counsel had sought adjournment on the ground that he is not prepared with the matter as it is to be argued by Senior Advocate Ashok Khare.

"It is not made clear that as to under which provision of law, name of Senior Advocate is reflected in the cause list," the Bench remarked.

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Recently, the Madras High notified the Designation of Senior Advocates Rules, 2020 that debar a Senior Advocate from mentioning any matter to the Court nor seek an adjournment in any Court.

Rule 8(1)(d) of the said Rules states: "On designation as a Senior Advocate, the Advocate concerned shall not— appear for mentioning any matter to the Court nor seek an adjournment in any Court".

Case Title: Pramendra Yadav v. State of UP & Ors.

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