Advocate Can't Become A PIL Petitioner To Advance Cause Of Clients; May Amount To Professional Misconduct: Allahabad HC
The Allahabad High Court recently observed that an advocate who is approached by his clients for redressal of the grievance cannot be permitted to become a petitioner and file a Public Interest Litigation (PIL) plea advancing the cause of his clients.
Noting that this conduct may amount to professional misconduct, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed as withdrawn a PIL plea filed by an advocate seeking directions to the respondents to supply natural gas connections to industries based on guidelines issued by the Ministry of Petroleum.
While indicating his credentials in the plea, the petitioner had inter alia stated that he is a practising lawyer in District Firozabad and a legal advisor to some industries, and that he handles industrial matters before the Industrial Authorities.
Taking into account his disclosure, the bench remarked that the filing of a PIL plea by such an advocate, who is the legal advisor of some industries, takes the petition out of the purview of a public interest
"Filing of the petition by an Advocate purportedly in public interest with the assertion that he is legal advisor of some industries and the industries have authorized him to handle the matters before the industrial authorities and, therefore, filing of the present petition before this Court, necessarily takes out the petition from the purview of a public interest. An advocate who is approached by his clients for redressal of the grievance, cannot be permitted to become a petitioner and file PIL advancing cause of his clients," the Court observed.
Thus, noting that the conduct may amount to professional misconduct, the bench dismissed the PIL plea as withdrawn by warning the petitioner not to indulge in similar adventure in future.
Case title - Surendra Kumar Sharma vs. Union of India and 4 others 2026 LiveLaw (AB) 219
Case Citation: 2026 LiveLaw (AB) 219