October 8, 2016

LR-15 Breakdown of two standards of Senior Advocates which ultimately badly affected Advocate on Record system

In 1991, I was not Advocate on Record in Supreme Court. I had to file case through some Advocate on Record.

In one case, I had to engage Senior Advocate S K Dholakia. I approached him and asked him if he would take case. The first question he asked me was "Where is your Advocate on Record"?

I gave name of Advocate on Record through whom I had filed case and said that he may be busy in some Court.

Senior Advocate gave me time for conference and insisted that I must bring Advocate on Record in conference.

Next day, I went to conference of Senior Advocate, but without my Advocate on Record.

Before beginning conference, he asked, Where is your Advocate on Record? I again gave some false excuse. I had paid Advocate on Record only Rs.500/- for signing. For this small amount I cannot motivate him to come to conference of Senior Advocate.

Senior Advocate made no issue. But after conference was over he said sternly that tomorrow in Court, the Advocate on Record must be present in Court, otherwise he will not appear in case.

This was warning.

Next day I made Advocate on Record present in Court. Then and then only Senior Advocate argued case.

Thereafter, I saw almost no senior advocate asking for Advocate on Record if the payment of Fee was already secured by some other Advocate.

Gradually, over years, I saw continuous decline in institute of Advocates on Record in Supreme Court.

Many CJI, over years, tried to improve system but improvements were short lived. I think unless Senior Advocates insists on presence of Advocate on Record in conferences and Court rooms, the system of AOR is failing. Haresh Raichura 8/10/16