Lawstreet Journal

"Every Tom, Dick, and Harry Should Not Be Brought To This Position": The Orissa High Court overturns its own rule allowing senior designation without a proposal or application [READ ORDER]

Lawstreet Journal 11 May 2021 10:55pm

Image courtesy: Lawstreet Journal Judiciary "Every Tom, Dick, and Harry Should Not Be Brought To This Position": The Orissa High Court overturns its own rule allowing senior designation without a proposal or application [READ ORDER]

On Monday (May 10,2021) the Orissa High Court struck down Rule 6(9) of the 'High Court of Orissa (Designation of Senior Advocate) Rules, 2019', which gives the Full Court the power to appoint an Advocate as Senior in the absence of a proposal from the Judges or an application from the Advocate.

The Rule, according to Justices CR Dash and Pramath Patnaik of the Division Bench, is inconsistent with the Supreme Court's guidelines for conferring senior designation in the Indira Jaising case [Indira Jaising v. Supreme Court of India, (2017) 9 SCC 766].

The Bench noted that the Supreme Court acknowledged two sources for drawing advocates for the designation of "Senior Advocate" in the said judgement. One source is the written proposal of the Hon'ble Judges, and the other is the application of the concerned advocate. There is no third option for selecting an advocate through suo motu force.

"The Supreme Court has not thought it proper to include exercise of suo motu power by either the Supreme Court or other High Courts so far as designation of "Senior Advocate" is concerned," the Bench said. It emphasized that the Supreme Court's silence on third source of picking through suo moto power is a "conscious silence".

The Bench was hearing a writ petition filed by four Advocates challenging a notification issued by the High Court in August 2019 in which the Full Court named five Advocates as Senior in exercise of its powers under Rule 6 of the Supreme Court Rules, namely I Bibekanada Moanti, (ii) Gautam… Continue Reading...


Tagged: Orissa High Court  
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