2001(6) Supreme 596
SUPREME COURT OF INDIA
(Under Art. 32 of the Constitution of India)
S. Rajendra Babu & Doraiswamy Raju, JJ.
Aeltemesh Rein -Petitioner
versus
The Supreme Court of India -Respondent
Writ Petition (C) No. 99 of 2000
Decided on 3-9-2001
Counsel for the Parties :
For the Petitioner : In-person.
For the Respondent : Harish N. Salve, Solicitor General, Shri Narain, Sandeep Narain, Ms. Anjali, Anil Kumar Mittal, Advocates.
Held : We directed the Registry to place before us all the original records, proceedings of the relevant Committees and the decision taken by Hon ble the Chief Justice of India. We have carefully gone through the same and we hardly find any justification for us to interfere with the action of the respondent. In matters of this nature, all that needs to be considered is whether there has been a fair and due consideration of the matter by the authorities concerned. In this case, from the proceedings made available to us, we dare say that the petitioner had more than a fair deal. He was given several opportunities to place the necessary material to furnish satisfactorily number of 50 appearances during each of the year 1993 and 1994 and having failed to furnish such proof, the petitioner was not eligible for allotment of chambers. Hence we do not think any relief can be granted as sought for by the petitioner in this case. The petition, therefore, stands dismissed. No costs. (Paras 8 and 9)
JUDGMENT
Rajendra Babu, J.-The petitioner is a Junior Advocate (Non-Advocate-on-Record) of this Court and he has been a member of the Supreme Court Bar Association with effect from 12.11.1984. On August 8, 1995, applications were invited in the prescribed format for allotment of chambers by the Registry of this Court and the petitioner applied for the same. He was informed on 28.2.1999 by the Registry of this Court asking him to furnish the proof of appearances to enable them to finalise his application for allotment of chambers. The petitioner had filed an affidavit of Shri K.K. Gupta, Advocate-on-Record to the following effect :
"1. That as per my records Mr. Aeltemesh Rein, Advocate has been getting his cases filed in the Supreme Court through me for the last several years and many a times his appearance in those cases could not be given by me as I am too old and often remain ill. The accompanying list of his cases filed by him are the cases most of which have been filed by and through me in the Supreme Court for him and at his instructions, which cases have been conducted by himself in the Supreme Court."
2. Not being satisfied with the material placed by the petitioner either in the shape of cause list or in the nature of this affidavit and having rejected his claim for allotment of chambers, this petition is filed. The claim of the petitioner for allotment of chambers is resisted by the respondent.
3. The matter of allotment of chambers to advocates is governed by Lawyers Chambers (Allotment and Occupancy) Rules. Under Rule 2 of the said Rules, Allotment Committee for Lawyers Chambers has been constituted which consists of the following :
"1. Allotment General for India -Chairman
2. President, Supreme Court Bar Association -Member
3. Vice-President, Supreme Court Bar Association -Member
4. Hony. Secretary, Supreme Court Bar Association -Member
5. President, Supreme Advocates-on-Record -Member
6. Registrar (Admn.), Supreme Court of India -Member
7. Registrar (Judl.), Supreme Court of India -Member
8. Joint Registrar (Admn.), Supreme Court of India -Member"
4. The recommendations of the Allotment Committee for Lawyers Chambers are placed before a Committee of three Hon ble Judges of this Court designated by the Hon ble the Chief Justice of India for its consideration and opinion and thereafter the entire matter is placed before the Hon ble the Chief Justice of India for final decision. The eligibility criteria and the mode and manner of allotment of chambers are that application has to be made in a prescribed form accompanied by a list of cases filed/appearances made during the period 1.1.1993 to 31.12.1993 and 1.1.1994 to 31.12.1994 and was to contain further specific details including cause numbers, cause titles and dates of filing/appearances in such cases during the said period. Such application was to be made on or before 31.3.1996.
5. In respect of Junior Advocates (Non-Advocates-on-Record), the eligibility criteria is as follows :
(A) All Junior Advocates (Non-Advocates-on-Record), who are mainly and regularly practicing in the Supreme Court and are the Members of the Supreme Court Bar Association.
(B) They must have put in not less than fifty appearances (Admission and Regular Hearing matters excluding CMPs and Cr.MPs.) each year during the preceding two years prior to the date of inviting application in th
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.