Thomas, J. - (1.) Leave granted.
(2.) Appellant claims to be the power of attorney holder of a couple (husband and wife) now living in Kuwait. He sought permission of the Sessions Court, Trivandrum to appear and plead on behalf of the said couple who are arrayed as respondents in a criminal revision petition filed before the said Sessions Court (they will be referred to as the respondent-couple). But the Sessions Judge declined to grant permission as the request for such permission did not emanate from the respondent-couple themselves. Thereupon appellant moved the High Court of Kerala under Article 226 of the Constitution for issuance of a direction to the sessions Judge concerned to grant the permission sought for. A single Judge of the High Court dismissed the original petition against which appellant filed a writ appeal which too was dismissed by a Division Bench of the High Court. Undeterred by the successive setback in securing a right of audience on behalf of the aforesaid couple the appellant travelled the long distance from the southern end of the country right up to the National Capital to personally argue before the Apex Court that he is entitled to plead for the respondent-couple in the Sessions Court. We heard the appellant-in-person though we are still now unable to appreciate why he, instead of incurring so much expenses and strain, did not advise the respondent-couple to engage a counsel for pleading their cause before the Sessions Court.
(3.) Appellant, during the course of his arguments, referred to a commentary on Criminal Law to support his contention that a power of attorney holder has all powers to act on behalf of his principal. We would assume that the respondent-couple would have executed an instrument of power of attorney empowering appellant to act on their behalf. Can he become a pleader for the respondent-couple on the strength of it;