The Supreme Court on Wednesday took strong exception to the practice of advocates withdrawing from matters after being designated as Senior Advocates, calling it “absolutely unethical"[Biswanath Kundu v. State through C.B.I]..The Court said that the practice was “absolutely unethical" and it happens only in the apex court.The observation was made when a matter was called out but no counsel appeared on behalf of the appellant.One counsel present in the courtroom, though not appearing in the matter, informed the bench of Justice Ahsanuddin Amanullah and Justice SVN Bhatti that the advocate-on-record (AoR) for the petitioner had recently been designated as a Senior Advocate.Justice Amanullah expressed displeasure at what he termed a “very new trend” of designated Senior Advocates ceasing to appear in matters they had already taken responsibility for.“This is a very new trend, and I think it is unethical on the part of the Bar. If somebody becomes a Senior Advocate, should they abandon the case? They should now assist as seniors. They have taken responsibility. Absolutely unethical practice,” he remarked..Justice Amanullah remarked that such practices appear to be specific to the Supreme Court.“In this Court, I have seen this — and in no other Court.”He further recalled his own experience, stating that he had once taken special permission to appear in a matter even after being designated, with the necessary approvals from the government.“I remember when I was... I took special permission, and the government had to allow that. Very unethical practices in the Supreme Court.”.Another counsel present in the courtroom added that it is the duty of the AOR to keep the client informed and to coordinate and take the necessary procedural steps if counsel is no longer able to appear.“It is the duty of the counsel who was advocate-on-record to inform the client, coordinate with him, and get the AOR changed,” the counsel remarked.Justice Amanullah concurred but expressed displeasure over the manner in which such disengagements are increasingly being handled without accountability.“Just convey to the counsel that the Court has taken strong sentiment to such a conduct,” Justice Amanullah told the lawyers present in the court..[Read Live Coverage]
