JAMSHED ANSARI Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS.
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
High Court of Judicature at Allahabad and Ors.
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(1.) The appellant has challenged the judgment dated 28.04.2015 passed by the High Court of Judicature at Allahabad whereby writ petition filed by the appellant has been dismissed. In the said writ petition, the appellant had challenged the Constitutional validity of the provisions of Rule 3 and Rule 3A of Chapter XXIV of the Allahabad High Court Rules, 1952 (hereinafter referred to as the 'Rules'). The short order of the High Court repelling the said challenge states that a similar challenge had already been rejected by the same Court in Shashi Kant Upadhyay, Advocate v. High Court of Judicature at Allahabad (Writ-C. No. 65298 of 2014) decided on 26.03.2015.
(2.) Appellant's challenge to the aforesaid Rules is mainly on the ground that these Rules put an unreasonable restriction on his right to practice as an Advocate and are also ultra vires the provisions of Section 30 of the Advocates Act, 1961 (hereinafter referred to as the 'Act'). The High Court of Allahabad has framed the Rules in question which came into force on 15.09.1952. Chapter XXIV thereof relates to "Rules Framed under Section 34(1) read with Section 16(2) of the Advocates Act, 1961". As we are concerned with the validity of Rule 3 and Rule 3A of the said Chapter, the same are reproduced below:
"3. Advocate who is not on the Roll of Advocates :
An advocate who is not on the Roll of Advocate or the Bar Council of the State in which the Court is situated, shall not appear, act or plead in such Court, unless he files an appointment along with an advocate who is on the Roll of such State Bar Council and who is ordinarily practicing in such Court.
In cases in which a party is represented by more than one advocate, it shall be necessary for all of them to file a joint appointment or for each of them to file a separate one.
3-A. (i) Unless the Court grants leave, an Advocate who is not on the Roll of Advocates in the High Court at Allahabad or Lucknow shall not be allowed to appear, act or plead in the High Court at Allahabad or Lucknow as the case might be unless he files appointment along with an Advocate who is on such roll for Allahabad Cases at Allahabad and for Lucknow Cases at Lucknow.
(ii) The High Court shall prepare a Roll of Advocates in Parts 'A' and 'B' of those who ordinarily practice in the High Court, Part 'A' for Allahabad and Part 'B' for Lucknow.
(iii) The Roll of Advocates shall bear in regard to each advocate entered, his full name, father's name, passport size coloured photograph, enrolment number, date of enrolment, complete postal address both of residence and office which shall be in the municipal limits of the city of Allahabad or Lucknow as the case might be.
(iv) The Rolls shall be prepared and revised periodically in the manner and under the authority as may be prescribed by the Chief Justice.
(v) This Rule 3-A shall come into force after notification by the Chief Justice that both the Rolls for Allahabad and Lucknow in Parts 'A' and 'B' are complete.
(3.) It is clear that as per Rule 3, an Advocate who is not on the Roll of Advocate or the Bar Council of the State is not allowed to appear, act or plead in the said Court unless he files an appointment along with the advocate who is on the Roll of such State Bar Council and is ordinarily practicing in that Court. The impact of this Rule is that for appearance in Allahabad High Court, an Advocate who is registered with the Bar Council of the State of Uttar Pradesh is allowed to appear, act or plead in the said Court only when he files his Vakalatnama along with an Advocate who is enrolled with Bar Council of Uttar Pradesh and is ordinarily practicing in the Allahabad High Court (hereinafter referred to as the 'local Advocate'). Roll of Advocate is to be prepared by the High Court in terms of Rule 3-A(ii), both for Allahabad (which is the main seat of the High Court) and Lucknow (which is the Bench of the Allahabad High Court). Rule 3A puts a further rider for appearance of an Advocate in the High Court at Allahabad or Lucknow inasmuch as an Advocate who is not on the Roll of Advocates for Allahabad cases at Allahabad and for Lucknow cases at Lucknow is allowed to appear, act or plead at Allahabad or Lucknow, as the case may be, unless appearance is put in along with a local Advocate. Notwithstanding the above, he can still be allowed to appear after obtaining the leave of the Court.;
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