After Blame Game Between Senior Advocate & AoR On False Statement, Supreme Court Mulls Guidelines On Conduct Of Advocates-on-Record

On October 21, 2024, in a Petition for Special Leave to Appeal Criminal case involving false statements made to seek remission for a client, the Supreme Court bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, decided to establish guidelines for the conduct of Advocates on Record. The bench appointed Senior Advocate Dr. S. Muralidhar as amicus curiae to assist in the matter.

Senior Advocate Rishi Malhotra and AOR Jaydip Pati had submitted affidavits related to the false statements, with the bench noting that the two were blaming each other. “We don't want to proceed against any individual but the system has to be corrected," Justice Oka stated.

The court permitted the Senior Advocate to withdraw the current affidavit in order to submit a revised version. Previously, the Court had asked Vipin Nair, President of the Supreme Court Advocates-on-Record Association, for assistance, noting that false statements had been made in several remission cases.

"This case raises issues of great concern in so far as the responsibility of advocates on record in this court is concerned. Apart from the dispute between Senior and Junior as is reflected from the affidavit on record, the issue is of conduct of the Advocates on Tecord in light of Explanation A to Rule 10 of Order 4 of the Supreme Court Rules 2013. A very important role has been assigned to the Advocate on record, as no litigant can seek redressal of his grievance from this Court without engaging an Advocate on Record. It is therefore necessary to consider framing guidelines for the conduct of advocates from record. Learned president of the SCAORA and its office bearers are present. They also agreed to assist the court on this aspect.”

The bench stated that the office bearers of SCAORA could collaborate with the amicus curiae to provide their suggestions. The matter is scheduled for further consideration on November 11.