CJI Dipak Misra asks lawyer to leave as he flouts rule on mentioning

Chief Justice of India Dipak Misra. (PTI photo)

Chief Justice of India Dipak Misra on Thursday told a lawyer to leave the court after he tried to mention a case in breach of recent rules.

“Please go, please go,” the CJI told counsel Mathew Nedumpara in a stern tone as the latter persisted with his demand that he be allowed to mention a petition demanding judicial reforms in the wake of the Justice Jayant Patel controversy.

Mentioning is the practice of bringing matters perceived to be urgent to the notice of the Chief Justice, who can allow a lawyer an early hearing date.

About 20 minutes before the start of regular hearing is allotted for mentioning, and different Chief Justices have adopted their own ways to conduct the proceedings.

Last month, a junior advocate complained to the CJI that senior counsel were taking all the time allotted for mentioning. As a consequence, poorer clients who could not afford senior lawyers were suffering, the counsel said.

The next day, the CJI disallowed senior counsel from mentioning cases and said that only advocates on record could do it henceforth. Advocates on record are lawyers authorised by the apex court to file cases and pleadings before it. The apex court conducts examinations to designate a lawyer as an advocate on record.

On Thursday, as Nedumapra started to mention his petition, the CJI asked him if he was an advocate on record (AoR). He replied in the negative.

“You cannot mention this. You are not an AoR,” said the bench, which also had Justices A M Khanwilkar and D Y Chandrachud. But Nedumpara contended: “I have no AoRs”.

He said he had filed petitions earlier regarding the contempt case against former Calcutta High Court judge C S Karnan but no AoR was willing to appear for him then.

The CJI countered this saying: “At that time, this principle (of mentioning by AoRs only) had not evolved…. Now, you are questioning the power of the Supreme Court to frame rules. I do not want a debate.”

The CJI then asked him if he wanted a senior counsel to be allowed to mention cases. The counsel answered in the negative and referred to dynasties in the legal system. CJI Misra replied: “What is the matter (if) somebody is a lawyer and wants his son to be a lawyer.”

But the counsel wouldn’t give up, following which the court asked him to leave.