New Delhi:The Supreme Court on Tuesday pulled up three advocates for drafting and filing a petition seeking to declare Articles 20 and 22 as ‘ultra vires’, or beyond the powers, of Part III of the Constitution. The apex court expressed shock at the lawyers’ lack of knowledge sought an explanation from them and said it wouldn't let them off easily.
A three-judge bench headed by Justice Sanjay Kishan Kaul and comprising Justices Sudhanshu Dhulia and PK Mishra said the purpose of an advocate-on-record (AoR), in the apex court, is preliminary screening of the petitions, but the lawyers showed a complete lack of knowledge of the law and the purpose of an advocate-on-record.
The bench said the AoR should not be just the signing authority for the petitions and advocates, without any preliminary screening, filing a petition and collecting fee is not acceptable and said, “How can such a plea be filed under Article 32 of the Constitution? Who is the AoR and drafting counsel, how did they sign off on this?” The bench said advocates’ bar licences should be revoked and asked the arguing counsel, how did he agree? “This is, too, serious. It has shocked our conscience that such a petition has been filed,” said the bench.
The apex court directed the three advocates to file an affidavit explaining the circumstances under which they filed the petition. Article 20 deals with protection in respect of conviction for offences and Article 22 pertains to protection against arrest and detention in certain cases. Both are in Part III of the Constitution, which deals with fundamental rights.
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