SC criticises practice of AORs’ lending signature for petty amounts

The facts of this case present a very sorry state of affair. A noble profession has been allowed to be converted into a profession of cheating. An AOR, whom the litigant has never briefed or engaged, has lended his signature for a petty amount with a clear understanding that he would not take any responsibility for any act in any of the proceedings in the Registry or the Court in the matter. The Advocate who has been obliged by such an AOR must be going inside the Registry in an unauthorised manner and must be appearing in the Court directly or engaging a senior advocate without any knowledge/authorisation of the AOR. It is beyond our imagination what could be more devastating and degrading for the institution of AsOR. Even a few of them indulging in such an obnoxious practice spoils the working of this court, without realising that Bench and Bar, both have to give strict adherence to moral code.

An AOR is the source of lawful recognition through whom the litigant is represented and therefore, he cannot deviate from the norms prescribed under the Rules. The Rules have been framed to authorise a legally trained person with prescribed qualification to appear, plead and act on behalf of a litigant. Thus, not only is his physical presence but effective assistance in the court is also required. He is not a guest artist nor is his job of a service provider nor is he in a professional business nor can he claim to be a law tourist agent for taking litigants for a tour of the court premises. An AOR is a seeker of justice for the citizens of the country. Therefore, he cannot avoid court or be casual in operating and his presence in the court is necessary. There are times when pleadings and records have to be explained and thus, he has to do a far more serious job and cannot claim that his role is merely a formal one or his responsibilities simply optional. An AOR is accountable and responsible for whatever is written and pleaded by putting his appearance to maintain solemnity of records of the court.