Solicitor General (SG) Tushar Mehta told the Supreme Court on Monday that the method and process for conferring Senior designation on lawyers would need changes..He told a Bench of Justices AS Oka and Augustine George Masih that he was not on any specific individual but on the system in general. "I had a discussion with the Amicus Curiae also and there needs to be a reconsideration of the way senior designations are conferred upon. I am not on any individual but the system in general," SG Mehta said. The Court said that it will examine the SG's submission..The Court was hearing a matter concerning allegations against Senior Advocate Rishi Malhotra who is accused of having made false statements before the Supreme Court in at least 15 different cases. .The Bench had recently issued notice to Malhotra and sought an explanation from him after an Advocate-on-Record (AoR) told the Court that he had signed off on an appeal at Malhotra's instance, which was later found to have omitted certain facts.The appeal in question, filed through AoR Jaydip Pati, did not disclose that the top court had earlier restored a sentence of 30 years imprisonment without remission in a kidnapping case. The Bench had on September 30 expressed its shock over this lapse, and noticed that such suppression of facts had become a trend in remission cases.Pati had then filed an affidavit stating that he never doubted the bonafides of Malhotra while signing off on the pleadings as requested.The Court had then issued notice to Malhotra and also appointed former Orissa High Court Chief Justice and Senior Advocate, Dr S. Muralidhar as Amicus Curiae in the case..When the matter came up for hearing today, the Amicus submitted that he spoke to the AoR association and many AoRs do not engage directly with the client but only with other lawyers who bring the client. The pleadings are also drafted by that lawyer and the AoR then signs off on the same based on the trust which the AoR reposes on the concerned lawyer. Hence, the Amicus said that the Supreme Court Bar Association (SCBA) should also be made a party to the case. "Many AoRs do not directly engage with the client. Sometimes lawyers drafts it and sends it to the AoR and they file. Only by asking AoR will not help. Supreme Court Bar Association has to be added as well. AoRs sometime end up signing the plea based on trust with the lawyer it cannot be the sole responsibility of AoR," Dr. Muralidhar said."Looks like we have committed mistake by trusting people. Matters come in group in remission cases and when courts are pro-liberty we grant exemption from surrendering. It is taking time also for us to render judgments because of the suppression being made and we need to look into that," the Court replied."There needs to be a full fledged inquiry in this case. we are already compiling all suggestions," the Amicus stated. "Most healthy and professionally beneficial practice would be for AoRs to draft the plea and let a senior settle this," the Bench suggested..The Court then proceeded to issue notice to SCBA. "Issue notice to the SCBA. Let secretary to SCBA examine and respond. Let it be listed on December 6. AoR Prateek Chadha to assist amicus curiae. The submission of the SG that process of senior designation be relooked into will be examined on the next date," the Court directed.It also ordered Rishi Malhotra to submit a detailed affidavit a week before the next hearing date on December 6..[Read Live Coverage Below]
