A Law Student Shouldn't Appear As Proxy Counsel In Any Matter Before Any Court Prior To Being Enrolled By A Bar Council: Delhi HC
The Delhi High Court has observed that a law student should not appear as a proxy counsel or counsel in any matter before any court of law, prior to being properly enrolled by a Bar Council and being admitted to the Bar.
The bench of Justice Anish Dayal made this observation while dealing with a plea seeking quashing of FIR registered against a first-year law student who had appeared as a proxy counsel before a lower Court.
The background facts are that the petitioner, who is a first-year Law student, had instructions from an advocate to appear in court and take adjournment in two cases.
When she presented herself before the Metropolitan Magistrate and was asked certain questions regarding the matter, she was silent as she was instructed only to take adjournments and was unaware of the case.
Not receiving a proper response from the petitioner, the Metropolitan Magistrate took her into court custody and she was later relieved in the evening from the custody of the court.
The Metropolitan Magistrate took cognizance against the petitioner under Section 177/179 of Indian Penal Code.
Further, an FIR was registered against the petitioner by Secretary, Dwarka Bar Association on the same issue.
The Metropolitan Magistrate observed that the petitioner was furnishing false information and impersonating herself to be a proxy counsel before the Court and therefore, proceeded against her for offence under Section 177/179 IPC.
Advocate Sachin Bandoori appeared for the petitioner whereas Raj Kumar, APP appeared for the State.
The High Court noted that the issue was amplified disproportionately before the Metropolitan Magistrate.
"From a transcription of proceedings of that date, it seems that the petitioner was either confused or was unable to handle the situation which presented before her.", the High Court observed.
The Court further observed that the petitioner filed an undertaking by way of an affidavit undertaking that she "shall never appear before any Court as proxy/ counsel / an advocate till being enrolled with Bar Council.
"In view of this undertaking filed before this Court, as well as the observations made above, there is no purpose served for proceedings in this FIR to continue and the matter being proceeded further pursuant to the orders of the learned Metropolitan Magistrate.", the Court observed while quashing the FIR against the law student.
Cause Title- Shweta v. GNCTD and Anr.