Petitioner advocate also liable for wrong statement, even if drafted by someone else: Supreme Court

Why in the NEWS?

• The Supreme Court said that the AOR is solely responsible for the accuracy of the petition, even if the draft is prepared by another advocate.

Key Points:

• The Supreme Court in a recent judgment has emphasised the responsibility of the Advocate-on-Record (AOR).
• The Court clarified that the AOR is solely responsible for the accuracy and authenticity of the petitions to which they put their name, even if the petition is drafted by another advocate.
• At the same time, the Court warned the AOR that signing the petition without proper due diligence would be treated as serious misconduct.
• Under Order 4 Rule 10 of the Supreme Court Rules, if an AOR commits such negligence, disciplinary action can be taken against him. This could mean that:
• Their registration as AOR can be cancelled.
• They can be subjected to disciplinary punishment.
• They can be held guilty of contempt of court.
• The main purpose of this is to ensure that the petitions presented in the court are based on correct facts and law, and no advocate misuses the judicial process.

What is an Advocate-on-Record (AOR)?

• An Advocate-on-Record (AOR) is an advocate who has the exclusive right to file petitions and present cases in the Supreme Court.
• Not every lawyer has the right to directly file a case in the Supreme Court, it is available only to those advocates who have passed a special examination set by the Supreme Court and whose name is recorded in the records of the Supreme Court Bar Association (SCBA).

Process of becoming an AOR

• Any lawyer must fulfil the following conditions to become an AOR:
• Has to practice in a High Court for at least 4 years.
• Has to undergo 1 year of training (Apprenticeship) under AOR.
• Has to pass the Advocate-on-Record Examination conducted by the Supreme Court.
• It is mandatory to have an office in Delhi, so that information related to any case before the court can be obtained.
• It is necessary to follow the rules of the Supreme Court Bar Association (SCBA).

Functions and Responsibilities of AOR

• Only the AOR has the authority to file a petition in the Supreme Court.
• They are responsible for filing a case on behalf of the client, filing the necessary documents and presenting them in the court.
• Any petition must have the name and signature of the AOR.
• They are responsible for completing all the legal procedures related to the case and communicating with the court.
• If any wrong information is given in the petition, the AOR is held liable, even if the petition was prepared by another lawyer.

Why does the AOR have a special role?

• Cases that come up for hearing in the Supreme Court are usually of nationwide importance, so the court wants to ensure that only legally correct and serious petitions are filed. 
• Therefore, the AOR system has been implemented to ensure the quality and veracity of petitions filed in the Supreme Court.
• The AOR system also ensures that the petitions presented before the court are legally and procedurally correct, without any false or misleading claims.