IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM AND ORS. (20.01.2021 - SC)   Vs. IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM AND ORS.

JUDGEMENT

(1.) The repeated emails of the petitioner, and not very palatable at that, resulted in an administrative decision to take up the issue on the judicial side. The question which we have formulated by our order dated 12.10.2020 is, whether an Advocate on Record can have entry in Advocate On Record register in the form of his style of carrying on profession i.e. instead of 'Siddharth Murarka' as 'Law Chambers of Siddharth Murarka'?. The plea of the petitioner is based on doing similar filing in different High Courts but not being permitted to do so in Supreme Court which, he claims, puts him at a disadvantage against partnership firms since there is no impediment in the constitution of a partnership firm of Advocates where two or more Advocates on Record may constitute a firm.

(2.) In the course of proceedings today, at the inception itself, we heard Mr. Siddharth Murarka to understand what his grievance was. We also put to him clearly that the manner he has addressed the emails and the language used whether against the officers of this Court or against other advocates is not acceptable. Mr. Siddharth Murarka submits that he unconditionally withdraws all emails addressed in this behalf which are already forming a part of the compilation whether it be qua any alleged complaints against the Registry or against Advocates or firms and would not repeat the same conduct. It is specifically on the said being done that we have considered appropriate to see if we can find a solution to the problem which Mr. Murarka appears to face.

(3.) Mr. Kailash Vasdev, learned senior counsel/Amicus Curiae who is the Vice-President of the Supreme Court Bar Association and a former Advocate on Record has assisted us and taken us through the history of how the Supreme Court Rules were formulated. In this behalf he has emphasized that the Supreme Court of India on being established under Article 124 of the Constitution of India framed Rules in exercise of powers conferred by Article 145 of the Constitution. These Rules owe their history to the Federal Court Act, 1941 in terms of the Rules there under being formulated in exercise of powers by Section 214 of the Government of India Act, 1935 and Section 3 of the Federal Court Act, 1941. He emphasized that the expression used in the Rules historically and now is 'person' or 'agent'. Similarly, the authorization is referred to 'him'.