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No absolute right of an Advocate to have appearance in any Court – Gujarat HC
Case Law Details
- Case Name
- Vasava Narpat Sin H(Advocate) & Anr Vs Registrar Gujarat High Court & Ors. (Gujarat High Court At Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Apurva N. Mehta, Advocate
The High Court of Gujarat in a Writ Petition in the form of Public Interest Litigation between Vasava Narpat Sinh, Advocate v/s Registrar, Gujarat High Court & Ors has held that an Advocate has no absolute right to have appearance in any Court in India even after enforcement of Section 30 (Right of advocates to practice) of the Advocates Act, 1961 with effect from 2011. The argument advanced by the petitioner – in – person that the High Court of Gujarat by enacting Rule 428 (Mode of appearance by advocate not on the Roll of Advocates m...
Regressive …..
In stead the Hon’ble Court could have asked the Bar Council of India to integrate the systems of state-wise enrollment of Advocates, prepare a MASTER ENROLLMENT REGISTER and authorise the advocates to appear before any court, tribunal or authorities.
A Master Enrollment Register will eliminate the difficulties of tracing an Advocate.
in these days, Courts should emphasize on solving difficulties rather than killing the issue. (When shoes are not fitting the foot, we should change the shoes rather than cutting the foot).
This judgment is applicable to the person who wants to appear in person before the any legal proceeding. The petitioner himself is an advocate and he has not fulfill the formality of the rules for appearing before the Gujarat High Court. This issue is other than one before the Hon’ble Allahabad High Court under the UP VAT Act.
The present judgment never help to law practitioner who is not an Advocate. The intention of the present article as per my mind is misleading amongst the non advocate professional.