One of my friend had a case in #DelhiHighCourt. He wanted to inspect the case file. So he applied for inspection of the case file. The officer who was incharge of inspection room disallowed his application saying that unless the Advocate in the case counter signs the application he can not be permitted to inspect the file.
Now as per common law the advocates drive (obatin) power from litigants (client). So client is master and advocate is representative (agent) of the client.
Now this was very strange situation. I reasoned with the officer but he refused to budge from his stand. He said that he was refusing as per Delhi High Court Rules. He is not concerned whether the rules are right or wrong. I asked him to show the relevant Delhi High Court Rules. He refused saying that he does not have the copy of the relevant rules. He asked me to refer to Delhi High Court Library.
I went to Delhi High Court library. Asked for a copy of the Rules. Within 15 minutes I was back to inspection room talking to the officer with a copy of the rules.
The rules said that if an advocate (who is not appointed in the case, may be proxy counsel or some other counsel) wants to inspect the file then he needs the approval of the Advocate in the case. Which was perfectly all right.
But there was no restriction on the client to inspect the file. Rather client could authorise as many advocates as he wants.
After seeing the relevant rules, the officer allowed the inspection of the file - saying that he is doing so as a special case. He did a favour.
This was very strange. He never explained what remains to be done at our end. Why as a general rule it can not be allowed to every litigant.
Out side the inspection room I found other litigants fighting with the advocates for their signatures for inspecting the files. The advocates were misbehaving with the clients.
I wonder what was the basic purpose of setting up Judicial institution. Why courts are so lax in following the rules and common law.
Now as per common law the advocates drive (obatin) power from litigants (client). So client is master and advocate is representative (agent) of the client.
Now this was very strange situation. I reasoned with the officer but he refused to budge from his stand. He said that he was refusing as per Delhi High Court Rules. He is not concerned whether the rules are right or wrong. I asked him to show the relevant Delhi High Court Rules. He refused saying that he does not have the copy of the relevant rules. He asked me to refer to Delhi High Court Library.
I went to Delhi High Court library. Asked for a copy of the Rules. Within 15 minutes I was back to inspection room talking to the officer with a copy of the rules.
The rules said that if an advocate (who is not appointed in the case, may be proxy counsel or some other counsel) wants to inspect the file then he needs the approval of the Advocate in the case. Which was perfectly all right.
But there was no restriction on the client to inspect the file. Rather client could authorise as many advocates as he wants.
After seeing the relevant rules, the officer allowed the inspection of the file - saying that he is doing so as a special case. He did a favour.
This was very strange. He never explained what remains to be done at our end. Why as a general rule it can not be allowed to every litigant.
Out side the inspection room I found other litigants fighting with the advocates for their signatures for inspecting the files. The advocates were misbehaving with the clients.
I wonder what was the basic purpose of setting up Judicial institution. Why courts are so lax in following the rules and common law.
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