Advocates' Presence Marking Order Put On Hold : Full Court Room Exchange | Supreme Court

Courtroom exchange of proceedings in which bench of Justice JK Maheshwari and Justice Rajesh Bindal put on hold its order that only the presence of advocates who are either present or assisting in court proceedings will be marked.Justice JK Maheshwari: One humble request to all of the members of the bar - We have already passed the order with respect to the presence. Don't persuade our court staff to mark your presence who are not present. This is a humble request in our court. We have already passed the order. We have sent the order to the President of the Supreme Court Bar Association and SCAORA. SCBA Vice President Ranjana Srivastava: Only difficulty is that... J. Maheshwari: Madam, let us understand one aspect. The person who is not appearing before us. Can we mark the presence? Srivastava : Certainly not my lord. But there is some confusion in that order. Some clarity is required. The lawyer was not representing in that matter this order has been passed. We will clarify. He was not the counsel for the university, which has been mentioned in the order. Justice Rajesh Bindal: We are not concerned. J Maheshwari: Some Counsel stood up and he said so and is appearing. When we checked his appearance, his appearance had been shown online. Srivastava: He was appearing in some other matter and his juniors were present in court and they were ready to assist. Bench: No.Justice Bindal: He only said Rajeev Singh is appearing. J Maheshwari: When we are asked who is appearing for the university what you said to us? Counsel: It was a query about Ranchi University my lord. For that university I said... J Maheshwari: Learned Counsel, we have asked you that who is appearing for so and so respondent no 4 and 5, Vice Chancellor and Registrar. Whether we have asked this question to you or not, please be specific. We are also here we are not supposed to give any explanation. But even because the representative of the Bar is appearing and you have conveyed something else. Just please listen. You said this. You said Mr. Rajeev Singh is appearing in this case? We have asked respondent no. 4 and 5 or not? Asked, right? We are not aware for whom you are saying. Have you said this? Sorry, learned Counsel. Don't do anything like this, which you have not uttered before this court. And we are aware what we have done. Srivastava: There's some conflict then my lords. J Maheshwari: Madam, whatever is conflict, you are a representative move an application, we will clarify it. But, we are not going to change this in our court. You go in other courts. So far as my hearing part is concerned, after listing, I'm a master of my court. Srivastava: Then my lord this court will accept only the physical appearance? J Maheshwari: Only the person who is appearing before us or assisting- We have clarified this. We will not mark the presence who is sitting in the office. J Bindal: Or out of station also. Srivastava: If the advocate on record is out of station J Maheshwari: Even he will not be. We will not mark his presence. Srivastava: Without AOR the appearance will not be taken. J Maheshwari: We will not take it up. Let them be here. Srivastava: He can connect through the VC my lord, he can give the appearance. J Maheshwari: We have already permitted online as well as physical. You kindly see the order ma'am. Have you seen that order? Kindly go through the order. Please you kindly see and read which part you want to clarify. Srivastava: My clarification is for the Counsel who was not appearing in that particular matter in which the order has been passed. J Maheshwari: He may have passed the request. How you are concerned, Bar can be concerned of it? Srivastava: This order was conveyed to us, so that's why I'm here. J Maheshwari: We have already clarified to you what we have asked with him. What he said before us. Don't ask anything, madam Srivastava like this. We are not cautious enough. After going through everything we have passed this order. And it is not for our benefit. It is for the benefit of the members of the bar. Srivastava: I am conscious of that fact. Where the presence is given of a number of persons who are not present. I really appreciate that. That is not correct. But he was appearing in some other matter, that confusion has to be clarified. J Bindal: That he had to clarify. You're not to clarify. Srivastava: Because I have spoken with him what the controversy is about. So I have sought the clarification and he. J Bindal: You have seen that Rajeev Singh was not present in the city and his presence online has been given? You have seen that? Srivastava: As an AOR my lord. J Bindal: Whatever is there, we are not concerned. Srivastava: His juniors were present in court and were ready to assist the court. J Bindal: Nobody was there. What are you saying? He said that he is out of station. J Maheshwari: Whatever we have passed the order we are aware in what circumstances we have passed this order. ...

Advocates' Presence Marking Order Put On Hold : Full Court Room Exchange | Supreme Court

Amisha Shrivastava

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