HARISHANKAR RASTOGI versus GIRDHARI SHARMA AND ANR.

HARISHANKAR RASTOGI versus GIRDHARI SHARMA AND ANR.

A non-advocate may not appear as of right to represent a party in the Supreme Court, but the court has discretion to permit such representation on a case-by-case basis considering factors such as antecedents, relationship, reasons for such request, and other relevant circumstances.

Parties
Petitioner: Harishankar Rastogi; Respondent: Girdhari Sharma; Amicus Curiae: Supreme Court Bar Association
Jurisdiction
India
Judgment Date
13 March 1978
Procedural Posture
Criminal Misc. Petition / Application for Cancellation of Appointment of Amicus Curiae and for Permission to Be Represented by Another Person
Outcome
Petition allowed
Legal Topics
Right of Audience, Non Advocate Representation, Permission for Appearance by Private Person
Practice and Procedure Legal Profession Right of Audience Non Advocate Representation Permission for Appearance by Private Person

Case Brief

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Parties

Harishankar Rastogi

Petitioner

Girdhari Sharma

Respondent

Supreme Court Bar Association

Amicus Curiae

Procedural Posture

Criminal Misc. Petition / Application for Cancellation of Appointment of Amicus Curiae and for Permission to Be Represented by Another Person

Legal Issues

  1. 1 Whether a person who is not an advocate can be permitted to plead on behalf of a party in the Supreme Court

Ratio Decidendi

A non-advocate may not appear as of right to represent a party in the Supreme Court, but the court has discretion to permit such representation on a case-by-case basis considering factors such as antecedents, relationship, reasons for such request, and other relevant circumstances.

Court Disposition

Petition allowed

Orders

  • Petitioner permitted to be represented by a private person as prayed for, subject to the condition that the permission will be withdrawn if the person proves unworthy.