In a significant statement to the Supreme Court, Solicitor General Tushar Mehta expressed concerns that the prestigious system of conferring Senior designation to advocates has become a subject of ridicule, with widespread jokes and memes circulating online. This remark came during a session with the bench of Justice Abhay S. Oka and Justice Augustine George Masih, who are deliberating on guidelines to ensure Advocates-On-Record (AoRs) avoid endorsing false pleadings.
The discussion arose in the context of a hearing on a convict’s plea for remission in a kidnapping case, which led to broader issues of false assertions in legal pleadings. The SG pointed to a recent instance in Delhi where 70 advocates were designated as seniors, suggesting that the process risked becoming a mere distribution rather than a merit-based recognition.
This view faced opposition from Senior Advocate Indira Jaising, a noted proponent of the current designation system established following her successful petition in 2017. Jaising criticized Mehta’s approach, emphasizing that any revision of the Supreme Court’s earlier judgment requires a formal review application, not merely a presentation before a two-judge bench.
The court also learned of a problematic appeal involving AoR Jaydip Patil, who reportedly signed a plea without full awareness of its content, thereby suppressing essential facts about the appellant’s previous sentencing. This incident highlighted a concerning trend in remission cases and raised questions about the responsibilities and oversight of AoRs.
Amicus curiae Senior Advocate S. Muralidhar suggested procedural improvements, including a requirement for AoRs to obtain a letter of instruction from the lawyers they represent, to prevent such oversights. He noted the challenges faced by state counsel and the frequent lack of direct instructions, which can lead to inadvertent errors in court filings.
The Supreme Court is set to address these critical issues in detail in its upcoming sessions, focusing on the integrity of the AoR system, the process of senior advocate designation, and the specific case of convict remission. The discussions aim to refine and reinforce the legal frameworks to uphold the highest standards of judicial conduct and responsibility.
