Madras HC Now Lays Down Procedure For Filing Vakalat To Weed Out Fake Advocates, Courts Can Ask Advocate To Furnish ID In Case Of Doubt

In line with its efforts to weed out fake lawyers or goondas and black and white with law degrees from letter pad colleges, the Madras High Court has now laid down procedures to be followed for filing vakalat which will be applicable for filing cases before all courts/ tribunals in Tamil Nadu.

The new set of procedure would come into effect from January 2, 2018.

Justice S Vaidyanathan announced that “all Courts/Tribunals in Tamil Nadu shall have the power to demand the Identity Card/Enrolment Certificate/Address proof of an Advocate, if it has doubt and even direct them to produce copies of the same and refer it to the respective Bar Council for verification and if required, for necessary action”.

Justice S Vaidyanathan passed a string of directions in a case emanating out of a matrimonial dispute where the accused persons had filed multiple anticipatory bail applications and engaged new counsel when they failed to get any relief and filed yet another anticipatory bail application by concealing the fact of pendency of previous applications.

The court also noted that the advocate named Manivasagam who had attested the Vakalat in one such application had mentioned his enrolment ID as 2671/2004. However, when the matter was taken up for hearing by the court, it was represented that the correct enrolment Number of Manivasagam is 2671/2009.

Moreover, Manivasagam had failed to appear before the court despite being informed about the date of hearing.

That is not all. Justice Vaidyanathan was informed by then Advocate General that the last enrolment in the year 2004 bears the Number 2092/2004 and that enrolment No.2671/2004 mentioned by Manivasagam is fake. According to Bar Council of Tamil Nadu, there was no advocate by name Manivasagam in that year.

“In this case, respondents/Advocates (who filed pleas for the accused persons) are directed to appear before the Bar Council and put forth their submissions to ascertain about the counsel, who has attested/signed the Vakalat. It is open to the Bar Council of Tamil Nadu to summon the 7th respondent/ Manivasagam and verify his credentials,” the court ordered.

Vijay Narayan, Advocate General appearing for the State of Tamil Nadu, submitted that to avoid fraud and filing of fake documents, the court can frame certain guidelines, so that it can be followed by the Registry before numbering the petition.

The court’s attention was brought to Rule 8 of the Appellate Side Rules which made it mandatory for a Vakalatnama to be executed and then attested by an Advocate other than the Advocate in whose favour the Vakalat is executed or an Advocate who has appeared for the party in the proceedings.

“The Chairman of the Bar Council, in a statement which appeared in the Dailies, has stated that more than 33% of the lawyers in Tamil Nadu are fake. Undoubtedly, legal profession is deteriorating through persons, who are conducting Kangaroo Courts. To avoid malpractice, filing procedures shall be followed while executing the Vakalat in terms of Rule 8,” the court said.

It then went on to set down the following procedures which are to be followed as under:

(i) Bail/anticipatory bail application should be in the form of an affidavit/petition duly signed by the petitioner/petitioner's counsel concerned in all pages;

(ii)  If the anticipatory bail application is filed in petition format, the Advocate-on-Record should sign in all the pages of the petition and if the anticipatory bail petition is filed in the affidavit format, the person who is attesting the affidavit shall sign in all the pages;

(iii)  In either case, the name of the Advocate/Attesting Person should be written/affixed in capital letters, mentioning his place of qualification, enrolment Number and Cell Phone Number;

(iv) The photograph of the Advocates-on-Record and that of the Advocate, who attests the Vakalat, shall form part of the Vakalat and Registry shall scan the Vakalat so filed;

(v) The Advocate-on-record and the Advocate, who attested the Vakalat, shall produce copies of the Enrolment Certificate, Bar Council Identity Card and the present residential or official address as proof.  The Vakalat shall contain address together with e-mail address and Cell number. This will reduce malpractice and eradicate fake Advocates.

(vi) For getting change of Vakalat, the consent of the counsel-on-record is duly required.  Wherever the party is unable to get change of Vakalat, the new counsel should file Vakalat along with necessary documents, mentioned supra along with affidavit and petition of the party.  The Courts below can accept it as a petition for changing the counsel and pass appropriate orders, immediately to avoid further sufferings to the litigants in criminal matters.

Referring to the All-India Bar Examination Rules – 2010, Justice Vaidyanathan suggested that there should be amendments to the same and if required, to the Advocates Act, 1961, to allow enrolment and practice of newly enrolled advocates only after passing of the Bar Council exams, i.e. enrolment shall take place only after clearing the exams.