NIBARAN BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by one Shri Nibaran Bora in his own name as petitioner, but as a friend of Shri Hiren Kumar Bora and his brother Shri Mintu Bora. It is stated in the petition that Shri Mintu Bora was arrested by the army authority on 18-1-91 in exercise of the powers under Section 4 of the Armed Forces (Special Powers) Act, 1958 and that he has not been made over to the officer in charge of the nearest police station as provided under Section 5 of the said Act. The affidavit sworn by Shri Hiren Kumar Bora, brother of Shri Mintu Bora, indicates that he authorised Shri Nibaran Bora, a public activist, as his friend to file petition and represent him and his brother Sri Mintu Bora in the case.

(2.) A question has been raised whether the petitioner Shri Nibaran Bora has right of audience on behalf of Shri Hiren Kumar Bora and/or Shri Mintu Bora. Mr. A. R. Barthakur, learned Advocate General Assam has submitted that he has raised this question as some of the members of the Bar at Gauhati have requested him to raise the question for, in the name of "Public Interest Litigation", traditional litigation has been suffering and if the High Court does not restrict the free flow of such cases, instead of dispensing justice, it may have serious con-sequences.

(3.) The main contention of the learned Advocate General is that under the Advocates Act, 1961, for short, 'the Act', Shri Nibaran Bora shall have no right of audience on behalf of Hiren or his brother Mintu. There are series of cases which have been habitually filed in this Court by Shri Nibaran Bora in his name, or in the name of others; and, arguing those cases. Such habitual acts of similar kinds are prohibited by the Act.