Young Advocates Joining The Bar Must Volunteer To Assist Litigants With Lack Of Means Or Awareness Whenever An Opportunity Presents Itself: SC

The Supreme Court reiterated that the duty to provide ease of access to justice rests upon every member of the legal profession.

Update: 2025-02-14 06:00 GMT

Justice B.V. Nagarathna, Justice Satish Chandra Sharma, Supreme Court

The Supreme Court has observed that young advocates joining the bar must volunteer to assist the litigants who cannot engage the services of a counsel due to lack of means or awareness whenever an opportunity presents itself.

The Court facilitated a settlement in a dispute between the 73-year-old Petitioner and the Respondent company by fixing the compensation amount and bringing closure to the litigation with the assistance of Advocate Sanchar Anand, an Amicus Curiae in the matter. The Bench expressed its “appreciation and gratitude” for his dedicated representation of the Petitioner over two years without any financial compensation.

A Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma held that “Young advocates joining the bar, must volunteer to assist the litigants who cannot engage the services of a counsel due to lack of means or awareness whenever an opportunity presents itself. Moreover, they should render the best legal assistance to the litigant without any expectation in return for their professional services. By these gestures of volunteering to represent indigent litigants, advocates can collectively make a statement to the society at large that the legal profession stands for the right to have access to justice and equality before law, not just in theory but in practice too.

The Petitioner appeared in-person, while Advocate Radhakrishna S Hegde appeared for the Respondents.

Brief Facts

The Special Leave Petition (SLP) was filed by the Petitioner, who appeared in person before the Court. Considering the complexity of the issues, the Court appointed an Amicus Curiae to assist in the matter. The Court observed that the Petitioner, aged 73, had been engaged in long drawn-out litigation and suggested a monetary settlement.

Court’s Reasoning

The Court highlighted the role of legal professionals in ensuring access to justice, particularly for litigants with limited means. “Such efforts of advocates, though in an individual capacity but acting towards a common objective of bringing an amicable quietus to the litigation, would send out a message that counsel are not hinderances in the process of parties reaching a mutually agreeable settlement, particularly in labour and matrimonial matters,” it remarked.

The Court remarked that “amidst the rapid commercialization and competition which the legal profession has fallen prey to, it remains a rare joy to have the assistance of advocates, as in the present case, still holding strong the original and core values attached to the legal profession, which is to lend their noble services to an aggrieved litigant before the Court-not by acting as soldiers on behalf of their clients, but by merely being the bridges of communication and peace between the stakeholders in litigation.

The Court also noted that litigants often pursue cases without legal aid, drafting their own petitions and navigating complex legal procedures. It reiterated that more awareness is needed regarding free legal aid services available through courts.

Further, the Court commended the Amicus Curiae for his dedicated service over two years, assisting the Petitioner without financial compensation.

The learned counsel is not even an advocate on the panel of Supreme Court Legal Services Committee, so as to receive some reasonable remuneration for his time and expenses. Yet, the counsel has dedicatedly appeared before this Court during these two years to not just represent the petitioner but also to assist this court in reaching a just and proper conclusion to this case,” it stated.

Accordingly, as a token of its appreciation of the services rendered by the Amicus Curiae, the Bench requested the respondents to pay a sum of Rs.1 Lakh.

Cause Title: Shankar Lal Sharma v. Rajesh Koolwal & Ors. (Neutral Citation: 2025 INSC 200)

Appearance:

Respondents: Advocates Radhakrishna S Hegde and Prakash Chandra Sharma; AOR Rajeev Singh

Click here to read/download the Order



Tags:    

Similar News