- (1.) UNDER section 6 of the Legal practitioners Act, 1879, High Courts are entitled to make rules, inter alia, in the following matters, namely : " (a) * * * (b) the qualifications, admission and certificates of proper persons to be Mukhtars of the subordinate courts and, in the case of a High court not established by Royal charter, in respect of which the indian Bar Councils Act, 1926, is not in force of such Court ; (c) the fees to be paid for the examination and admission of such persons ; and (d) the suspension and dismissal of such. . . . . . . . Mukhtars. " section 7 of the above Act provides for grant of annual certificates of Mukhtars authorising them to practise. Section 9 of the above Act further provides as follows: "every Mukhtar holding a certificate issued under section 7 may apply to be enrolled in any Civil or Criminal Court mentioned therein and situate within the same limits, and, subject to such rules as the High Court may from time to time moke in this behalf, the presiding Judge shall enrol him accordingly ; and thereupon he may practise as a Mukhtar in any such civil Court and any Court subordinate thereto, and may subject to the provisions of the Code of Criminal Procedure appear, plead and act in any such Criminal Court and any Court subordinate thereto," Under section 10 of the above Act no person is to practise as a Mukhtar unless he holds a certificate issued under section 7 and is enrolled as a Mukhtar in a Court.
(2.) NOW, the definition of the word 'pleader' under section 4 (r) of the Code of Criminal Procedure, prior to its amendment by Act XXXV of 1923, used to read : " 'pleader' used with reference to any proceeding in any Court, means a pleader or a mukhtar authorized under any law for the time being in force to practise in such court, and includes (1) an advocate, a vakil and an attorney of a high Court so authorised, and (2)any other person appointed with the permission of the Court to act in such proceeding" Under the definition, as it stood, mukhtars fell under the second part of the definition and were not entitled, as of right to practise before Cr. Courts. It was necessary for a Mukhtar to obtain permission of the Court in each case before he was authorised to practise, Such permission used to be readily granted Nevertheless, Mukhtars had a sentimental grievance against this lack of privilege to practise before criminal Courts as of right. In order to remove this grievance, the definition of the expression 'pleader' was amended by Act XXXV of 1923 and the words "or a Mukhtar" were added after the words-"means a Pleader", in the definition. The amendment did away with the necessity of permission and gave the Mukhtars the status they coveted.
(3.) THE petitinoer had himself enrolled as a Mukhtar under the Legal petitioners Act and began practising before the Criminal Courts at Ranaghat, district Nadia. In course of his practice he used to stand surety in. connection with release of accused persons on bail and earn remuneration for acting as such.;