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Advocate Moves Supreme Court Seeking For Designation Of Eligible Advocates Of Patna High Court As Senior Advocates

Radhika Roy
10 Feb 2021 2:55 PM GMT
Advocate Moves Supreme Court Seeking For Designation Of Eligible Advocates Of Patna High Court As Senior Advocates
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A plea has been filed before the Supreme Court seeking for a mandamus directing the Patna High Court to designate eligible Advocates of the Patna High Court as Senior Advocates in terms of guidelines laid down by the Supreme Court and the rules framed by the Patna High Court. The plea raises the issue that no new Senior Advocate has been designated at the Patna High Court for over the...

A plea has been filed before the Supreme Court seeking for a mandamus directing the Patna High Court to designate eligible Advocates of the Patna High Court as Senior Advocates in terms of guidelines laid down by the Supreme Court and the rules framed by the Patna High Court.

The plea raises the issue that no new Senior Advocate has been designated at the Patna High Court for over the last five years, which is in contravention of the guidelines and norms laid down by the Apex Court in the case of Indira Jaising v. Supreme Court (2017).

Filed on behalf of Advocate Sanjay Kumar by Advocate Pankaj Bhagat  the plea states, "That humans by nature look forward for the recognition of the work they do in their life. This instinct of human being has been recognized from time immemorial by the society and it has developed various formal and informal ways to recognize the persons for their distinguished achievements in their field of work".

It is highlighted in the plea that due to historical legacy, the Indian judiciary follows the tradition and system of common law inherited from Britain. Therefore, Section 16 of the Advocates Act, 1961, recognizes two categories of Advocates – "Senior Advocates" and "Other Advocates". Further, three conditions are stipulated for the designation of a Senior Advocate – i. ability, ii. standing at the Bar, and iii. special knowledge or experience in law.

Stating that the judgment in the Indira Jaising case settled the controversies regarding different norms adopted by different High Court, the petition goes on to argue that non-designation of seniors at the Patna High Court for over five years has 'severely affected the deserving lawyers practicing at the High Court of Judicature at Patna and is in complete contravention of the guidelines laid down by this Hon'ble Court".

In light of the above, the plea prays for a mandamus to be issue, directing the Respondent authorities to designate the eligible Advocates of the Patna High Court in conformity with the guidelines laid down by the Supreme Court and the rules framed by the Patna High Court, i.e. Patna (Designation of Senior Advocates) Rules, 2019.

The plea also prays for a mandamus to designate Advocates as Senior Advocates from list published on 19.08.2019 submitted by the Advocates pursuant to the Notice dated 01.07.2019 by the Patna High Court inviting names of Advocates to be designated as Senior Advocates.

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