Supreme Court issues notice to Senior Advocate Rishi Malhotra after AoR's "shocking" affidavit

In an unprecedented turn of events, the Supreme Court recently issued notice to Senior Advocate Rishi Malhotra and sought an explanation from him after an advocate-on-record (AoR) told the Court that he had signed off on appeal filed before the Court at Malhotra's instance and was unaware that the appeal did not disclose certain crucial facts [Jitender @ Kalla vs State Govt of NCT of Delhi and anr].

A Bench of Justices Abhay S Oka and Augustine George Masih on September 30 expressed its shock with the development and noticed it had become a trend in remission cases where facts are hidden from court.

"Mr. Jaydip Pati, Advocate-on-Record has filed an affidavit pursuant to order passed by this Court. To say the least, the contents are shocking. We will elaborately deal with the stand taken by him at an appropriate stage. In view of what is stated in the affidavit, we issue notice to Shri Rishi Malhotra, learned Senior Advocate to appear before this Court for explaining what is stated in the affidavit filed by Mr. Jaydip Pati, Advocate-on Record," the Court directed.

AoRs are advocates who, after clearing the AoR exam, are entitled to file cases before the apex court.

The Supreme Court had earlier too asked AoRs not to blindly become signing authorities.

In July last year, a Bench led by Justice BR Gavai had remarked that AoRs were now being used like postmen merely to file and sign off on petitions without such pleas going through proper scrutiny.

The present issue arose last month when the Supreme Court found that the appeal filed through AoR Jaydip Pati did not disclose certain facts.

The Bench had objected to the fact that the special leave petition did not highlight that the top court had earlier restored the sentence of 30 years imprisonment without remission which was handed down to a convict in a kidnapping case.

These facts were suppressed while filing the appeal for remission of sentence.

The Court, therefore, sought an explanation from Pati.

Pati then filed an affidavit before the Court stating that he never doubted the bonafides of Malhotra and hence signed off on the pleadings as requested by the Senior Advocate.

He also highlighted that he was Malhotra's chamber junior and used Malhotra's chamber.

"The deponent was asked to sign petitions as Advocate-on-Record. The deponent never doubted the bona fide of Mr. Rishi Malhotra nor could refuse to sign the Petitions and Vakalatnamas as AOR as the deponent was his chamber junior and sitting in his chamber."

He added that he could not fathom that Malhotra would take advantage of the same.

"The deponent submits that he could not even imagine that Mr. Rishi Malhotra will exploit the situation and get the matters filed through him by concealing the order passed," the affidavit said.

Pati also said he would not repeat his mistake.

"That the deponent undertakes not to commit such a mistake in the future and will not sign any matter as AOR without thoroughly verifying facts from the records of Courts below," he said.

The Bench was not impressed and proceeded to summon Malhotra.

The Court also asked Supreme Court Advocates-On-Record (SCAORA) president Vipin Nair to assist it in the matter,

The matter will be heard again on October 21.

Notably, Chief Justice of India (CJI) DY Chandrachud had in January 2023 praised Malhotra while hearing a case.

"We must commend that whenever you appear before us, you always place the facts in a clear manner. Even facts against your client. So we know there is a degree of assurance here."

He was designated Senior Advocate by the Supreme Court in August this year.

[Read our interview with him on his public interest litigation (PIL) petition against hanging as a mode of death penalty]

[Read order]