Advocates' Presence Marking Order Put On Hold : Full Court Room Exchange | Supreme Court

Justice JK Maheshwari: One humble request to all of the members of the bar - We have already passed the order with respect to the presence. Don't persuade our court staff to mark your presence who are not present. This is a humble request in our court. We have already passed the order. We have sent the order to the President of the Supreme Court Bar Association and SCAORA.

SCBA Vice President Ranjana Srivastava: Only difficulty is that...

J. Maheshwari: Madam, let us understand one aspect. The person who is not appearing before us. Can we mark the presence?

Srivastava :  Certainly not my lord. But there is some confusion in that order. Some clarity is required. The lawyer was not representing in that matter this order has been passed. We will clarify. He was not the counsel for the university, which has been mentioned in the order.

Justice Rajesh Bindal: We are not concerned.

J Maheshwari: Some Counsel stood up and he said so and is appearing. When we checked his appearance, his appearance had been shown online.

Srivastava: He was appearing in some other matter and his juniors were present in court and they were ready to assist.

Bench: No.

Justice Bindal: He only said Rajeev Singh is appearing.

J Maheshwari: When we are asked who is appearing for the university what you said to us?

Counsel: It was a query about Ranchi University my lord. For that university I said...

J Maheshwari: Learned Counsel, we have asked you that who is appearing for so and so respondent no 4 and 5, Vice Chancellor and Registrar. Whether we have asked this question to you or not, please be specific. We are also here we are not supposed to give any explanation. But even because the representative of the Bar is appearing and you have conveyed something else. Just please listen. You said this. You said Mr. Rajeev Singh is appearing in this case? We have asked respondent no. 4 and 5 or not? Asked, right? We are not aware for whom you are saying. Have you said this? Sorry, learned Counsel. Don't do anything like this, which you have not uttered before this court. And we are aware what we have done.

Srivastava: There's some conflict then my lords.

J Maheshwari: Madam, whatever is conflict, you are a representative move an application, we will clarify it. But, we are not going to change this in our court. You go in other courts. So far as my hearing part is concerned, after listing, I'm a master of my court.

Srivastava: Then my lord this court will accept only the physical appearance?

J Maheshwari: Only the person who is appearing before us or assisting- We have clarified this. We will not mark the presence who is sitting in the office.

J Bindal: Or out of station also.

Srivastava: If the advocate on record is out of station

J Maheshwari: Even he will not be. We will not mark his presence.

Srivastava: Without AOR the appearance will not be taken.

J Maheshwari: We will not take it up. Let them be here.

Srivastava: He can connect through the VC my lord, he can give the appearance.

J Maheshwari: We have already permitted online as well as physical. You kindly see the order ma'am. Have you seen that order? Kindly go through the order. Please you kindly see and read which part you want to clarify.

Srivastava: My clarification is for the Counsel who was not appearing in that particular matter in which the order has been passed.

J Maheshwari: He may have passed the request. How you are concerned, Bar can be concerned of it?

Srivastava: This order was conveyed to us, so that's why I'm here.

J Maheshwari: We have already clarified to you what we have asked with him. What he said before us. Don't ask anything, madam Srivastava like this. We are not cautious enough. After going through everything we have passed this order. And it is not for our benefit. It is for the benefit of the members of the bar.

Srivastava: I am conscious of that fact. Where the presence is given of a number of persons who are not present. I really appreciate that. That is not correct. But he was appearing in some other matter, that confusion has to be clarified.

J Bindal: That he had to clarify. You're not to clarify.

Srivastava: Because I have spoken with him what the controversy is about. So I have sought the clarification and he.

J Bindal: You have seen that Rajeev Singh was not present in the city and his presence online has been given? You have seen that?

Srivastava: As an AOR my lord.

J Bindal: Whatever is there, we are not concerned.

Srivastava: His juniors were present in court and were ready to assist the court.

J Bindal: Nobody was there. What are you saying? He said that he is out of station.

J Maheshwari: Whatever we have passed the order we are aware in what circumstances we have passed this order.

Srivastava: What I'm saying, he was appearing for different respondent.

J Maheshwari: Sorry, we are rigid in some issues. We are ready to accommodate everyone, but not like this. And every day we are receiving the information or court masters are coming - They are pressurizing mark our presence. Our folded request to every member of the bar. Therefore, we are requesting, don't pressurize our court masters. Who is present, we will already mark the presence. We have no problem in marking their presence. Who is not present either virtually or physically will not mark them.

Srivastava: That cannot be done. That I'm not insisting upon also.

Bench: That is the only order.

Srivastava: Who is not present is not to be marked present. There is no issue about that.

J Maheshwari: Then what is the issue? His presence he may get clarification of it. He is the person who said all these things. We have asked the questions before you.

Srivastava: He will file his explanation and clarification.

Advocate Rajeev Singh: Even my appearance was not in this matter, which has been sought

Bench: Were you present here? How did you furnish your online presence then? Why did you furnish that once you are not in town?

J Maheshwari: Person who is not in town we have to mark their presence? Tomorrow he will do something and take a plea of alibi.

J Bindal: How can you give online presence? We do not know, nobody mentions here, the same counsel mentioned for petitioner, respondent both sides.

J Maheshwari: And our humble request, who is not present, don't give online presence.

Srivastava: The issue will be if....

J Maheshwari: You go and show our order to honourable the Chief Justice. We have passed for our court order. If you have any grievance then, the Chief Justice may pass an order.

Srivastava: Just one clarification. Suppose the Advocate on record is not here, but he has made arrangement that some other Counsel will appear.

Bench: Can a Counsel appear without AOR here?

Srivastava: No.

J Bindal: What happens? Nothing. And in 90% cases the AOR is not there in court.

J Maheshwari: 90 not 99%. Yes, Mr Sibal?

SCBA Presindent Kapil Sibal: Will your lordships give us some time to try and resolve this matter and streamline it so that nobody is put any discomfort or difficulty?

J Maheshwari: What time you want, tell us?

Sibal: Just about a week's time. Not much.

J Maheshwari: Alright, for a week we will exempt. Or after a week we will implement it. We don't want such controversies here before our court. Person who is not appearing in our court his online presence is coming.

Sibal: There is a Rule...

J Maheshwari: Mr Sibal, we are ready to correct ourselves.

Sibal: The issue is not correction. The issue is that your lordships must be satisfied that the right thing is being done, and we on this end will also be satisfied that we are trying to do the right thing. If there is any issue there we will resolve it in the sense that I will go to the Rules Committee, go to the Chief Justice, resolve it. That's all. Nothing more. Advocates want to cooperate, but sometimes they find themselves in difficulty.

J Maheshwari: For a week we will not give effect.

SCAORA Representative: The SCAORA also will give some suggestions which can tweak the whole thing.

Sibal: We'll sit together.

J Maheshwari: We are experiencing so many things.

Sibal: There are issues that all of us face.

J Maheshwari: Let us understand. the person is not appearing, is not assisting in a court can we mark his presence who is sitting in office?

J Bindal: Out of station also

Sibal: I understand. Lot of things happening. People are sitting in court appearing through VC to another

J Bindal: VC is alright, there is no problem.

J Maheshwari: And Mr. Sibal and Madam Srivastava, this is not for our betterment. This is for the betterment of the institution. Our institution includes judges as well as members of the bar. And if the bar would uplift our standard also.

Sibal: That's right, that's right. We are also as much concerned about the institution

J Maheshwari: Then we have experienced this situation in a court. We are asking who is appearing for the respondent number 4 and 5. He said no, no, he's not here. And we check the online presence and his presence is there.

Sibal: I'll tell your lordships, not that this has anything to do with this. When he is here for the 100th case and the first case is being argued, then the advocates on record what they do is give the online appearance and then finish their other matters and come back to court before the matter is taken up.

J Maheshwari: We can understand that advocate on record at the time of arguing may not be present. But he should have come at least to court master and say that I'm here. That was the position earlier that court, masters ascertain whether this person was there, and they marked the presence.

Sibal: That's why we'll streamline it.

J Maheshwari: Only those persons' presence would be marked by the court masters who were there, and they have come and say I'm here.

Sibal: Your lordship is right. So we'll sort that out. We'll sort it out. The institution is far more important.

J Maheshwari: Let us understand for a week how many persons who are really present are doing this. We have to also ascertain.