In a clear reaffirmation of the law governing legal practice, the Allahabad High Court has held that only enrolled advocates are entitled to appear and argue cases before courts. The ruling came while dismissing a petition filed by a man seeking to represent litigants based on a power of attorney.
Background of the Case
The petitioner, appearing in person, claimed that he had been regularly representing clients in trial courts despite not being a registered advocate. His request to be appointed as a legal representative in a case before a Kanpur court was rejected in 2019.
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Challenging that decision, he approached the High Court, arguing that he could act as a “mukhtiyar” or “pleader” on the strength of a power of attorney. He relied on provisions from the Constitution and the Code of Civil Procedure to support his claim.
The bench of Justice Vinod Diwakar examined the issue in detail, referring to Sections 29 and 33 of the Advocates Act, 1961. It emphasized that the law recognizes only one class of legal practitioners-advocates-who are enrolled with the Bar Council.
“The right to practise law is confined to advocates,” the Court noted, adding that non-advocates cannot claim this right merely through authorization documents.
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The Court acknowledged that, under limited circumstances, a person may be allowed to appear for another with the court’s permission. However, it stressed that this is discretionary and not a legal entitlement.
Expressing concern, the bench remarked,
“Half-baked knowledge of law is akin to a self-inflicted injury… it ultimately results in a casualty of justice.”
Finding no merit in the petitioner’s arguments, the Court dismissed the plea. It held that a person who is not an enrolled advocate cannot appear and plead on behalf of others as a matter of right, regardless of holding a power of attorney.
