NO PROXY COUNSEL WORD IN THE ADVOCATE ACT-SAYS APEX COURT

• NO PROXY COUNSEL WORD IN THE ADVOCATE ACT-SAYS APEX COURT
It was observed by the Hon’le Supreme Court –three judge bench comprising Bench: B.S. Chauhan, J. Chelameswar, M.Y. Eqbal in the matter of Sanjay Kumar V/S State Of Bihar & Anr decided on 28 January, 2014, in Special Leave Petition (Crl.) No.9967 Of 2011 that a phrase ‘proxy counsel’ not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966.It was held, “The counsel appearing in the court for the petitioner designated himself a proxy counsel. The Advocate- on-record (for short AOR) had no courtesy to send, at least, a slip mentioning the name of the counsel who has to appear in the court. Thus, in such a fact-situation, we had no advantage even to know the name of the counsel who was appearing in the court.” “In such a chaotic situation, any Arzi, Farzi, half- baked lawyer under the label of proxy counsel a phrase not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966 etc., cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR,(advocate on record) as in the instant case.’
(Compiled by: Dr. Prem Lata)
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