Order on vakils’ photos on vakalats deferred

Justice S Vaidyanathan, while deferring with the implementation of his order, said, “As members of various Bar Associations sought time to come up with suggestions to weed out fake practicing lawyers and that they have agreed to abide by the following conditions (which shall take effect from January 2, 2018) till the issue is resolved, the order dated November 21, 2017 passed in Crl.O.P.No.21454 of 2016 is suspended till January 22, 2018.”

Clear guidelines: The judge, in his  order, spelt out the procedures to be followed, which are as follows: Vakalath/memo of appearance shall be filed along with clear photo identity (ID) cards of the advocates- on-record; advocates, who do not have photo IDs, shall obtain the same from the Bar Council, without which, it shall not be entertained. Attesting advocates shall also file proof of ID card to enable the advocate-on- record to file it, along with their vakalat/memo of appearance. In addition to the residential address, it is open to the advocates-on- record as well as the attesting advocates, to furnish their office address. 

Right to verification: Moreover, bail pleas in criminal cases can be filed in the form of a petition.  All the petitions filed before the Criminal Court shall be duly signed by the advocate-on- record, 

on all pages, together with the enrolment number. Also, holding that Courts are entitled to cross-check the proof produced if they suspect the same, the judge said, “Whenever the ID card is demanded for verification by any court/Registry, the same shall be produced by the advocates.” Expressing hope that the Bar members will come up with effective suggestions, without prolonging the matter further, Justice Vaidyanathan, said, “Whether the contention of the counsel with regard to recalling the order dated November 21, 2017 is justified or not will be considered after Pongal Holidays. List this matter on January 22, 2018.” The judge, in his order, also noted, 

“ It is clarified that if any litigant does not want to continue with the counsel who has filed memo of appearance/vakalat, the case bundle shall be immediately handed over to the client, without insisting on payment for return of bundle. It is needless to mention that the client is entitled to give a complaint to the Bar Council against the advocate.  If any fee is due from the client, the counsel is entitled to claim the same by approaching the appropriate court.” Justice Vaidyanathan also directed the Registrar General to issue a fresh circular forthwith, based on this order, to all the Advocate Associations in Tamil Nadu, in order to enable them to appear before this Court in this case on January 22, to put forth their suggestions.