Only lawyers present in court physically or online can mark appearance in orders: Supreme Court

The Supreme Court recently directed that only lawyers who are present in court physically or online during hearings are allowed to mark their appearance for cases (in the record of court proceedings, orders or judgments) [Baidya Nath Choudhary v Dr Sree Surendra Kumar Singh]..A Bench of Justices JK Maheshwari and Rajesh Bindal pointed out that advocates may be entitled to get certain benefits such as allotment of chamber, and senior designations based on their appearances in cases.Hence, it is completely unfair that lawyers who were not present (either physically or virtually) in court mark their appearance in cases. "In the long run, if the advocates, who are not present in the Court are permitted to mark their presence, it may have adverse impact on those Bar members who are appearing regularly. Therefore, for sanctity of the proceedings and for betterment of the Institution, online information (online submission of the names of lawyers appearing in a matter) ought to be submitted of only those advocates who are either appearing or assisting during hearing, personally or online," the Court, therefore, ordered. .The order was passed while hearing a batch of part-heard contempt petitions on August 29.During the hearing, the Court noted that a lawyer who was not in town during a hearing was sought to be entered in the list of lawyers who had appeared for the proceedings. The said lawyer's name was submitted through an online portal launched in December 2022, called the Advocate Appearance Portal, by which Advocates-On-Record (AoRs) are required to put in the names of lawyers appearing in a matter, every morning. However, during the hearing, the Bench was told that the said lawyer was not present in the courtroom either physically or through video conference. The Bench further noted that there were other lawyers as well whose names were submitted for marking their appearance, even though they were not present in Court..Supreme Court accepts apology of lawyer in "Advocate Put Mine" case; says it caused lot of embarrassment.The Court lamented that the Advocate Appearance Portal was only meant to be used to mark the presence of those lawyers who are actually in Court to argue the matter or assist in the arguments. "It would not mean that the advocate, who is neither present personally nor online, may be allowed to mark his presence by furnishing online information," the Court underscored.The Court added that even lawyers associated with the office of the arguing counsel, but not present physically in the courtroom or by video conference, should not mark their appearance."We forthwith direct that in this Court, online presence of only those advocates be furnished and be marked who are appearing or assisting during hearing ... and not of those who are not present in Court but may be associated in office of the advocates," the Court ordered.The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) were requested to ensure compliance with the directive."We also request the Presidents of respective Bar Associations of the Supreme Court to look into the issue and notify the members for taking corrective steps," the Court added. .[Read order]