After Blame Game Between Senior Advocate & AoR On False Statement, Supreme Court Mulls Guidelines On Conduct Of Advocates-on-Record

In a case where false statements were found to have been made to seek remission for a client, the Supreme Court on Monday (October 21) decided to lay down guidelines on the conduct of Advocates on Record.

A bench comprising Justices Abhay S Oka and Augustine George Masih appointed Dr. S Muralidhar, Senior Advocate, as the amicus curiae in the matter for assistance.

Senior Advocate Rishi Malhotra and AoR Jaydip Pati had filed affidavits in the matter regarding the false statements. The bench noted that the senior and the AoR were blaming each other.

"The AoR says he acted on instructions of Senior, the Senior says he gave no such instructions. There is ex facie misconduct in terms of Supreme court Rules," Justice Oka said.

"We don't want to proceed against any individual but the system has to be corrected," Justice Oka said while allowing Malhotra to withdraw the present affidavit to file a better affidavit. Earlier, the Court had requested the President of the Supreme Court Advocates-on-Record Association, Vipin Nair, to assist the Court in the matter, saying that in several remission cases, false statements have been made.

In the order, the bench noted :

"This case raises issues of great concern in so far as the responsibility of advocates on record of this court are concerned. Apart from the dispute between Senior and Junior as is reflected from the affidavit on record, the issue is of conduct of the Advocates on Tecord in light of Explanation A to Rule 10 of Order 4 of the Supreme Court Rules 2013. A very important role has been assigned to the Advocate on record as no litigant can seek redressal of his grievance from this Court without engaging an Advocate on Record.

It is therefore necessary to consider framing guidelines for the conduct of advocates from record. Learned president of the SCAORA and its office bearers are present. They also agreed to assist the court on this aspect."

The bench said that SCAORA office bearers can interact with the amicus curiae to give their suggestions. The matter will be next considered on November 11.

Recently, the Supreme Court had ordered CBI inquiry in a matter where a fake Special Leave Petition was filed without the knowledge of the client by forging his signatures.

Case no. – Petition for Special Leave to Appeal (Crl.) No. 4299/2024

Case title – Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr.