Law interns should be counselled: Delhi High Court quashes FIR against intern who appeared as proxy counsel before Delhi court

The Delhi High Court on Monday quashed a First Information Report (FIR) registered against a second year law student who appeared before a district court as a proxy counsel for a lawyer and sought an adjournment in a case..Justice Anish Dayal noted that a law intern is a student who is in the process of understanding the practice and procedures of the court. Therefore, it is the duty of the institution to take adequate steps to facilitate their education and training, and not simply punish them for these inadvertent acts.“It is understandable that Presiding Officers take an objection where law interns tend to pose as lawyers, but on the other hand, these law interns who are merely students should be counselled, properly informed and instructed, rather than FIRs being registered, merely on this basis,” the Court said..However, the Court went on to state,"This is not to say that in is an appropriate case where a person who is not enrolled as a lawyer is wearing lawyer robes and categorically representing himself as a lawyer, there would not be a case for some opprobrium and necessary action.".The Court was hearing a plea by the student Rajesh Sharma, who worked with Advocate Abhay Raj Verma, a lawyer practising before Delhi’s district courts.On August 31, 2022, Verma was out of town and gave Sharma instructions to appear before the magistrate court in Dwarka and seek adjournment in a case. When the petitioner appeared before the magistrate, he was questioned as to whether he was appearing as main counsel or proxy counsel. In his nervousness, he submitted that he was a proxy.The petitioner was not wearing any robes or bands at the time. On finding out that Sharma was an intern, the magistrate issued directions to place a copy of the court proceedings before the Principal District and Sessions Judge.The Principal District & Sessions Judge declined to take any legal action, since the petitioner was a law intern. However, on September 3, 2022, a complaint was filed by Secretary of the Dwarka Court Bar Association Jitender Solanki, following which the FIR was registered.Solanki said that there were many such cases of interns appearing before courts, and that the Presiding Officers of these courts had forwarded complaints to the Bar Association..After considering the case and interacting with the petitioner as well as Solanki, Justice Dayal opined that the issue was amplified disproportionately, particularly keeping in mind that the petitioner fairly disclosed to the magistrate that he was an intern and also gave his ID card upon being asked to do so."The petitioner who was a law intern was clearly confused, perplexed and unable to handle the situation which presented before him. It is evident that a law student cannot appear as a counsel or a proxy counsel in any matter before a Court of law, prior to being properly enrolled by a Bar Council and being admitted to the bar. However, in these facts and circumstances, it cannot be said it was a case of malintent which could implicate the petitioner for offences under the Indian Penal Code," the order stated.The judge said that there was scope for clearer messaging on the part of practicing advocates, who ought to instruct their law interns on how to represent themselves in court. He also noted that interns themselves must be careful.“Adequate and appropriate dissemination of this information would possibly reduce such incidents happening on a substantial basis.”The Bench further noted that the petitioner has submitted an undertaking that he understands that he is not an enrolled advocate and that he will not appear or project himself as a lawyer in any proceeding before the courts till he gets duly enrolled.“In view of this undertaking filed before this Court, as well as observations made above, there is no purpose served for proceedings in this FIR to continue. Accordingly the said FIR registered at PS Dwarka is hereby quashed, to secure the ends of justice,” the Court ordered..Advocates Sourabh Gupta and Puneet Yadav appeared for the petitioner.ASC Rahul Tyagi with Advocates Jatin and A Chogar appeared for the State.Advocate Jitender Solanki appeared for the Bar Association..[Read Order]

Law interns should be counselled: Delhi High Court quashes FIR against intern who appeared as proxy counsel before Delhi court

Prashant Jha

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