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SUPREME COURT OF INDIA
BELA M. TRIVEDI, SATISH CHANDRA SHARMA, JJ.
Supreme Court Bar Association & Anr. – Petitioner
Versus
State of Uttar Pradesh & Ors. – Respondent
Miscellaneous Application Nos. 3-4 of 2025 In Criminal Appeal No. 3883-3884 of 2024
Decided On : 19-03-2025
(A) Advocates Act, 1961 – Section 30 – Supreme Court Rules, 2013 – Order IV – Right of appearance of Advocates – Right of an Advocate to appear for a party and to practise in courts is coupled with duty to remain present in court at the time of hearing, and to participate and conduct proceedings diligently, sincerely, honestly and to the best of his ability – Rights and duties are two sides of same coin and they are inherently connected with each other – Right to vote or to contest election is neither a fundamental right nor a common law right, but is purely a statutory right governed by the Statutes/Rules/Regulations – Supreme Court Rules, 2013 as amended by Rules, 2019 having statutory force, have to be adhered to and complied with by all officers of Court as also Advocates practicing in Supreme Court – Supreme Court being highest court of country, practice and procedure being followed in Supreme Court proceedings by Advocates and Officers of Supreme Court have to be strictly in accordance with Statutory Rules framed by it and not dehors said Rules. (Paras 18, 23 and 24)
(B) Supreme Court Rules, 2013 – Order IV – Advocates Act, 1961 – Section 30 – Practice and Procedure of Supreme Court – (i) Where Vakalatnama is executed in presence of Advocate-on-Record, he shall certify that it was executed in his presence – (ii) Where Advocate-on-Record merely accepts Vakalatnama which is already duly executed in presence of a Notary or an Advocate, he shall make an endorsement thereon that he has satisfied himself about due execution of Vakalatnama – (iii) Advocate on record shall furnish details as required by Appearance Slip prescribed in Form No. 30 through link provided on Website as mentioned in Notice dated 30.12.2022 issued by Supreme Court – (iv) Respective Court Masters shall ensure to record appearances in Record of Proceedings only of Senior Advocate/AOR/Advocate who are physically present and arguing in Court at the time of hearing of the matter, and one Advocate/AOR each for assistance in Court to such arguing Senior Advocate/AOR/Advocate, as the case may be, as required in Note mentioned at foot of Form No. 30 – (v) If there is any change in authorisation of AOR or of Senior Advocate or Arguing Advocate by concerned party, after submission of Appearance Slip prescribed in Form No. 30, it shall be duty of concerned AOR to submit an Appearance Slip afresh to concerned Court Master informing him about such change, and concerned Court Master shall record appearances of such Advocates accordingly in the Record of Proceedings – (vi) A Senior Advocate shall not appear without an AOR in Supreme Court. (Para 24)
Facts of the case:
Miscellaneous Applications have been filed jointly by Supreme Court Bar Association (SCBA) and Supreme Court Advocates-on-Record Association (SCAORA) seeking intervention in the matter and seeking clarification/ modification of directions contained in Para 42 of Judgment and Order dated 20.09.2024 in Criminal Appeal No. 3883- 3884 of 2024.
Findings of Court:
There has to be effective participation or assistance by concerned Advocate assisting Arguing advocate in the case, when the matter is being conducted in the Court. Casual, formal or ineffective presence in the Court along with the AOR or arguing Advocate, without due authorisation by the party concerned, cannot entitle Advocate to insist the Court Master to record his or her appearance in the Record of Proceedings.
Result : Miscellaneous Applications disposed of.
JUDGMENT
BELA M. TRIVEDI, J.
1. The Miscellaneous Applications have been filed jointly by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) seeking intervention in the matter and seeking clarification/ modification of the directions contained in Para 42 of the Judgment and Order dated 20.09.2024 in Criminal Appeal No. 3883- 3884 of 2024. The said Para 42 reads as under: -
2. This Court on 23.01.2025, had passed the following Order in the captioned Miscellaneous Applications: -
“IA No. 239214/2024, IA No. 283438/2024, and IA No. 283437/2024
1. These applications have been filed by the applicants- Supreme Court Bar Association (SCBA) And Supreme Court Advocates On- Record Association (SCAORA) in Miscellaneous Application Nos. 3-4/2025, seeking permission to intervene in the matter and seeking clarification/ modification of the judgment dated 20.09.2024 passed in Crl. Appeal Nos.3883-3884 of 2024. Following prayers have been sought in the M.A. No.3- 4/2025.
“a) Modify order dated 20.09.2024 passed by this Hon'ble Court in the CrI. A. No. 3883-3884 of 2024 to the extent that the investigation carried out by the CBI in furtherance on the directions of this Hon'ble Court, shall be independent and not influenced by the observations made in the instant matter especially Paragraphs 24, 25, 30 and 32 of the Judgment dated 20.09.2024;
b) Modify/Clarify the directions passed in Para-42 of the order to the extent that the names of those Advocates should also be included who have assisted the Advocate on Record in preparation of the case and/or have briefed the arguing counsel or Senior Advocate and/or are from the office of the Senior Advocate assisting on the matter.”
2. At the outset, in response to the query put forth by the Court as to what locus standi the applicants have to file these Interlocutory Applications/ Miscellaneous Applications in a disposed of Criminal Appeals being Crl. Appeal Nos.3883-3884/2024, the learned Senior Advocate, Mr. Kapil Sibal, appearing for the applicants fairly conceded that in normal circumstances the applicants would not have the locus standi, however he earnestly urged to permit him to address the Court, submitting that both the applicants – Associations are working for the welfare of the Bar, and the judgment in question has a wide repercussions on the Advocates practicing in the Supreme Court and on the legal profession as a whole.
3. He further submitted that so far as prayer clause (a) sought in M.A. is concerned, it may be clarified that the observations made in the judgment are prima facie and may not influence the CBI in carrying out the investigation independently.
4. Since, Mr. Kapil Sibal, is not only the Senior Advocate but is also the President of the SCBA, we permitted him to address the Court without being technical as to the locus standi of the applicants. Considering his earnest request, however without diluting the tenor and effect of the directions given and observations made in the judgment dated 20.09.2024, we may clarify that the CBI shall carry out the Inquiry/ Investigation independently and in accordance with law and register the case against the persons who are found involved and responsible for the commission of the alleged crimes.
5. So far as the
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