How Can Advocate-on-Record Authorise A Non-AoR To Argue On His Behalf? Supreme Court Asks

The Supreme Court today (February 6) asked an Advocate-on-Record (AoR) how he could ask another lawyer, who was not an AoR, to act on his behalf.

A bench of Justice Bela Trivedi and Justice SC Sharma was hearing the matter. 

During the hearing, when the bench asked the advocate appearing for the appellant, whether he was an Advocate on Record for the present case, he answered in the negative. The bench was informed that since the AoR concerned could not appear for the hearing in person, his colleague was present to argue on his behalf. 

Justice Trivedi then posed to the AoR concerned appearing virtually : 

"Have you read the Supreme Court Rules?Which rule permits the AoR to authorise another advocate to argue?”

The AoR replied that on the last hearing, he had sought the permission of the bench to allow someone from his chamber to appear in the matter. 

Justice Trivedi referred to Rule 20, Order IV of the Supreme Court Rules which states that “no Advocate-on-Record shall authorise whatsoever, except another Advocate-on-Record, to act for him in any case.”

The AoR clarified that his colleague was not appearing in the capacity of an AoR but only to argue on his behalf.  Sr Adv Sanjay Hegde who was present for another matter, pointed out that Order IV Rule 1(b) of the Supreme Court Rules allowed another advocate to argue on permission from the AOR of the case concerned. The rule states : 

"b) No advocate other than the Advocate-on-record for a party shall appear, plead and address the Court in a matter unless he is instructed by the advocate-on-record or permitted by the Court." 

The bench considering his point, continued to hear the arguments. 

"Anyway, we take it,” Justice Trivedi said.