Can Counsel Not Designated As Senior Make Submissions Before Court Without Vakalatnama: Kerala High Court To Decide

Senior Counsel S. Sreekumar, Adv. Sreekumar Chelur, Dr. George Abraham and Adv. Deepu Thankan who were present before the Court readily agreed to assist the Court.

The matter arose when Adv. Yeshwanth Shenoy appeared for the client of Dr. Aysha Abraham. Adv. Shenoy apprised the Court that as per proviso of Rule 2 of the Rules framed by the High Court under Section 34(1) of the Advocates Act he can appear before the Court even in cases where he has no vakalat.

Rule 2 reads as follows:Save as otherwise provided in any law for the time being in force, no advocate shall be entitled to appear, plead or act for any person in any Court in any proceeding unless the advocate files an appointment in writing signed by such person or his recognized agent and signed by the advocate in token of its acceptance:Provided that where an advocate has already filed an appointment in any proceeding, it shall be sufficient for another advocate, who is engaged to appear in the proceeding merely for the purpose of pleading, to file a memorandum of appearance or to declare before the court that he appears on instructions from the advocate who has already filed his appointment in the proceeding:Provided further that nothing herein contained shall apply to an advocate who has been requested by the court to assist the court amicus curiae in any proceeding.

Adv. Yeshwanth Shenoy further submitted that he had filed a memorandum of grievance before the Chief Justice to get clarity in the rules. However, the memorandum was turned down by the Grievance Committee.

Upon hearing the submissions, the Court said the rule needed to be interpreted. The Court is set to decide the extent to which a lawyer without vakalat can be allowed to plead.

The matter is next posted on the 10^th of July.

Case Title: Shirley Albert v The District Collector

Case No: WP(C) 26324 of 2022