In a recent move to uphold integrity in court proceedings, the Supreme Court has issued a directive stating that only the presence of advocates who are physically or virtually present in court will be recorded. The ruling addresses the troubling trend of marking attendance for advocates who are neither present nor actively assisting in the courtroom.
The bench, led by Justices JK Maheshwari and Rajesh Bindal, emphasized that this rule applies strictly to those advocates who are directly involved in the case or providing assistance during the hearing. Those merely associated with the advocate’s office, but absent from court, will no longer have their presence marked.
This decision came after a case revealed that an Advocate-on-Record, responsible for representing a party, was absent both physically and virtually. Despite this, an attempt was made to record their presence via an online portal. The court took a firm stance against this practice, referencing a December 2022 circular that allowed Advocates-on-Record to mark appearances through an online system but stressed that this should only apply to those actively participating in court.
The Court also called upon the Supreme Court Bar Association and the Supreme Court Advocates on Record Association to ensure compliance with this directive, urging them to notify their members and take corrective measures.
Highlighting the potential consequences of falsely marking presence, the Court noted that such actions could unfairly disadvantage advocates who regularly attend proceedings. The ruling aims to preserve the sanctity of court proceedings and ensure that only those actively participating in the judicial process receive recognition and associated benefits, such as chamber allotments and senior advocate designations.
A copy of the order has been sent to the relevant bar associations for their acknowledgment and action.
