Vacation courts should be for juniors only, SC tells top lawyers | India News



NEW DELHI: The Supreme Court on Monday urged top lawyers – AM Singhvi, Mukul Rohatgi and Kapil Sibal, each earning millions of rupees every month – to give ground during the summer vacation to offer junior lawyers the opportunity to gain experience in pleading before the highest seek.
When Sibal mentioned a mining company’s request for an urgent hearing, a vacation bench of Judges Ajay Rastogi and BV Nagarathna said, “Don’t you think there are a good number of (junior) lawyers who can persuade the judges of an urgent registration, that also during the holidays?”
Sibal agreed and said he was in favor of giving juniors a chance to cite cases for urgent registration and also to argue cases during the holidays. “But what? There are too many dharnas in front of my house (clients insist that he defend their cases)” he said.
Next to be persuaded was Rohatgi, known for being in idyllic locations far from Delhi and yet arguing via video conference. Judge Rastogi said, “Why not give the juniors a chance, if you’re busy elsewhere? Determined to give the juniors chances, the bench used an indirect method and said: “We are sitting in court. Why don’t you physically present yourself to us? »
The pressure from the clients on the lead lawyer is such that rather than agree to hand the case over to a junior, Rohatgi said he would return to Delhi the next day and physically appear in court. The bench released the case for hearing on Wednesday.
Singhvi’s turn came last. When the request was made, Singhvi said, “I am in favor of the bench’s suggestion provided that a uniform rule be established by the court that no lead counsel would be permitted to plead during vacations.” The bench said: “It should be a stand-alone rule and the main popular defenders should show restraint.”
However, the bench insisted that Singhvi physically appear in court to argue the case and released the case for hearing on Tuesday.
Judge NV Ramana, within two months of his appointment as CJI, had on August 21 last year echoed the same sentiments. He had indicated that a system of mention before the clerk for urgent closing of cases had been put in place to ensure parity between senior and junior lawyers. “We don’t want to give special priority to seniors and deprive juniors of their opportunities. So this system was made, where anyone can make a mention in front of the registrar,” he said.
Similar attempts were made by the CJI Dipak Misra in August 2017 by prohibiting senior lawyers from listing cases for urgent registration and allowing only lawyers of record, a special category of lawyers eligible to file cases with SC , to mention cases. This was later extended to junior defenders, but the seniors caught on and the mechanism broke down.
Attorney General KK Venugopal is the only exception. He never argued a case before a vacation bench, preferring to travel to exotic locales during court vacations and leave the field open to his juniors.


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