New rule for marking appearance in court for lawyer

Supreme Court Clarifies Online Appearance Rules: A Landmark Decision

Citation: CONMT.PET.(C) No. 1188/2018 in C.A. No. 2703/2017, Supreme Court of India, dated 29-08-2024.

In a significant ruling, the Supreme Court of India has clarified the rules governing online appearances in court proceedings. The court emphasized that only advocates who are physically present or assisting during the hearing can mark their online presence. This decision has far-reaching implications for the legal profession and the integrity of court proceedings.

The Case

The court's decision came in a batch of contempt petitions, where it was observed that Advocates-on-Record were marking online appearances for advocates who were neither present in court nor joined through video conferencing. This practice was deemed unfair and inconsistent with the rules governing online appearances.

The Court's Ruling

The court issued a clear directive stating that online presence should be marked only for advocates who are physically present or assisting during the hearing. This means that advocates who are not involved in the proceedings cannot mark their online presence, even if they are associated with the law firm or the case.

Implications for the Legal Profession

This decision has significant implications for the legal profession. It ensures that only those who are actively participating in the proceedings are recognized as being present. This not only maintains the integrity of court proceedings but also prevents potential abuses of the online appearance system.

Impact on Court Proceedings

The court's ruling is expected to have a positive impact on court proceedings. By ensuring that only active participants are marked as present, the court can streamline proceedings and prevent unnecessary delays. It also reinforces the importance of physical presence or active participation in legal matters.

Conclusion

The Supreme Court's decision on online appearances is a landmark ruling that clarifies an important aspect of legal practice. It reinforces the principles of fairness, transparency, and efficiency in court proceedings. By ensuring that only active participants are recognized as being present, the court has taken a significant step towards maintaining the integrity of the legal system.