Tallat Mehmood vs The State, etc
This is an application filed under Section 4(r) read with Section 561-A of the Code of Criminal Procedure 1898, seeking permission for a counsel who is not an advocate of the High Court to appear as a pleader in the main case before the Lahore High Court. The core legal question is whether an advocate who does not possess the requisite practice period to be licensed as a High Court advocate under the Legal Practitioners & Bar Councils Act 1973 can be permitted to appear before the High Court by invoking the definition of "pleader" under Section 4(r) of the Code of Criminal Procedure 1898. The Lahore High Court dismissed the application, holding that the definition of "pleader" under Section 4(r) of the Code of Criminal Procedure 1898 cannot override the mandatory licensing and practice requirements prescribed under Sections 21, 22, and 27 of the Legal Practitioners & Bar Councils Act 1973. The key principle laid down is that an advocate who fails to meet the statutory qualification period for practicing in the High Court cannot circumvent the provisions of the Legal Practitioners & Bar Councils Act 1973 through the general definition of a pleader under the Code of Criminal Procedure 1898.
- Can an advocate who is not licensed for the High Court appear before it by relying on the definition of pleader under Section 4(r) of the Code of Criminal Procedure 1898?
- Do the enrollment and practice requirements under the Legal Practitioners & Bar Councils Act 1973 override the general definition of pleader in criminal proceedings?
- Whether the High Court has the discretion to grant permission to an unqualified advocate to appear in a case contrary to the provisions of the Legal Practitioners & Bar Councils Act 1973?
- Section 4(r), Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
- Section 21, Legal Practitioners & Bar Councils Act 1973
- Section 22, Legal Practitioners & Bar Councils Act 1973
- Section 27, Legal Practitioners & Bar Councils Act 1973
- Section 58, Legal Practitioners & Bar Councils Act 1973
This is an application under Section 4 (r) read with 561-A Cr.P.C. for granting permission to the learned counsel (who is not an advocate of this Court) to appear as pleader in the main case before this Court.
2. Learned counsel, who is not an advocate of this Court, submits that he be granted permission to appear before this Court on the basis of the definition of "pleader" given under Section 4 (r) of Cr.P.C. He submits that any person can be appointed as a pleader. He submits that he has represented the petitioner in the trial court and is well versed with the facts of the case, hence, he be granted permission to appear before this Court.
3. Learned APG, on the other hand, has referred to Sections 21, 22 (2) (b), 27 and 58 of the Legal Practitioners & Bar Councils Act, 1973 ("Act") to submit that in order to appear before High Court an advocate must have practiced for not less than two years in the subordinate courts and must also go through the licencing procedure provided under Rule 5.3 of the Punjab Legal Practitioners and Bar Council Rules, 1974 ("Rules"). He submits that applicant/advocate has only one year and six months of practice to his credit at the time of filing of this petition and is not an advocate of High Court, therefore, he cannot be permitted to appear in the main case. He further submits that there is no law under which such a permission can be granted by the Lahore High Court.
4. Arguments heard. Record perused.
5. Section 4 (r) of the Code of Criminal Procedure, 1898 defines "Pleader" in the following manner:- "Pleader". 'Pleader', used with reference to any proceeding in any Court, means, a pleader or a mukhtar authorized under any law for the time being in force to practice in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorized, and (2) any other person appointed with the permission of the Court to act in such proceeding;"
The above shows that pleader is a person who is authorized under any law for the time being in force to practice in such court. In case of an Advocate, he must be an advocate of the High Court duly authorized to appear on behalf of the client. Any other person in section 4 (r) (2) means any person other than an advocate who may be granted permission by the Court considering the special circumstances, if any. This is not a case under Section 4 (r)(2) but is covered under Section 4 (r) (1) of the Cr .P.C.
6. Section 21 of "Legal Practiioners & Bar Councils Act, 1973" ("Act") provides that there are advocates of the Supreme Court, High Court and other Advocates. Section 22 of the Act states that "other advocates" can appear in all the courts other than the High Court or the Supreme Court. Section 27 provides that a person in order to qualify for admission as an advocate of High Court must have practiced as an advocate before the subordinate courts for a period of not less than two years. Section 58 of the Act provides that any advocate, who violates these provisions, is subject to a penalty of imprisonment for a term which may extend to three years, or with fine upto fifty thousand rupees or with both. Therefore, requirements under Sections 21, 22 and 27 of the Act are mandatory. There is no other law under which this Court can permit an advocate, who is not an advocate of this Court, to appear before this Court.
7. In the above legal regime, the definition of "pleader " does not come to the rescue of the applicant as it cannot override the qualification required to obtain a licence to appear as an advocate before this Court.
8. Even in terms of Section 4 (r) (1) of the Cr.P.C., a pleader must be authorized under the law to practice in a particular court and in this case the applicant does not have the license to appear at the High Court. There is no other provision whereby such a concessio n can be granted to the learned counsel. For the above reasons, there is no force in the instant application, which is hereby dismissed.
9. Office shall fix the main case for hearing after proper power of attorney of an advocate of this Court has been placed on the record, in accordance with law .