In a recent landmark judgment, the Supreme Court of India emphasized the need for young advocates to provide legal assistance to poor litigants without expecting financial compensation. The Court expressed its appreciation for an advocate, Mr. Sanchar Anand, who voluntarily helped a party-in-person in a legal matter, setting a positive example for others in the legal profession

"A Rare Joy" – The Court's Appreciation

The Supreme Court stated that it was a "rare joy" to see selfless legal service, especially amidst the commercialization and competitive nature that the legal profession has fallen victim to. The Court noted that the role of advocates goes beyond just representing clients; it also involves supporting the court and litigants, particularly those with limited financial resources, to ensure access to justice.

“The crucial aspect of the legal profession is the role of advocates in rendering assistance to both the court as well as the litigant, particularly those with limited means, and to collectively assist in ensuring that the litigant before a court has an assurance of having secured justice at the hands of the courts and particularly from the Apex Court.”

The judgment came as a part of a petition filed by a party-in-person, who struggled to communicate effectively in English. The Court appointed Mr. Sanchar Anand as an amicus curiae (friend of the court) to assist in the matter. He attended fourteen hearings over two years, helping to reach a fair settlement. Despite the absence of a fee, the Court acknowledged his dedication in assisting the litigant to reach a just conclusion.

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Young Advocates Encouraged to Volunteer

The Court emphasized the importance of young advocates volunteering to help those who cannot afford legal representation. It encouraged them to offer their services pro bono whenever opportunities arise. By assisting indigent litigants, advocates can show society that the legal profession stands for justice and equality, not just for those who can afford it.

“Young advocates joining the bar must volunteer to assist litigants who cannot engage the services of counsel due to lack of means or awareness whenever an opportunity presents itself... Such efforts... would send out a message that counsel are not hindrances in the process of parties reaching a mutually agreeable settlement.”

These actions can also support alternative dispute resolution mechanisms like mediation and conciliation, where advocates play a key role in facilitating peaceful resolutions.

Another key point highlighted by the bench, consisting of Justice BV Nagarathna and Justice Satish Chandra Sharma, was the misconception that the Supreme Court is only accessible to the wealthy. The Court stressed the importance of breaking this stereotype by providing equal access to justice for everyone, regardless of their financial situation.

“This misconception is required to be broken. The duty to provide ease of access to justice rests upon every member of the legal profession.”

The bench further pointed out that people from all walks of life should be able to approach the Supreme Court for justice without facing financial barriers. It criticized the current trend where litigants from remote parts of India are often forced to pay exorbitant fees, with little to no progress in their cases.

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Final Outcome and Payment to the Amicus Curiae

In the case at hand, the respondent agreed to settle the claims by paying Rs. 20 lakhs to the petitioner. As a token of appreciation for his services, the Court ordered the respondent to pay Rs. 1,00,000 to Mr. Sanchar Anand.

“As a token of our appreciation of the services rendered by Sri Sanchar Anand, the Court requested the respondent(s) to pay a sum of Rs. 1,00,000/- to him.”

The Court’s ruling serves as a reminder of the importance of legal aid, especially for those who cannot afford it, and highlights the ethical responsibility of lawyers to provide pro bono services.

Case Details : SHANKAR LAL SHARMA vs RAJESH KOOLWAL & ORS | SPECIAL LEAVE PETITION (C) No.17157 OF 2022