Criminal wp
Sonia Prabhu
(Querist) 03 July 2013
This query is : Resolved
Need your help experts:
1) My brother has been made party to a CR.WP by the Hon'bl court, as he is the first complainant. He wants me to represent him in person (I am not an advocate). Which I did, I even have an order on my name allowing me to file a reply affidavit on his behalf in this petition, which I have filed.
Now that the bench has changed the court wants me to argue how I can appear for my brother in person? Can he do that, can I appear for him in person?
Secondly in the same petition after my brother has been made a party and after me filing my reply affidavit, the petitioner says he does not want to press on the prayers but wants to conduct speedy trial.
(There is no such prayer of speady trial in the petition and neither has he made any such applications, all this is his verbal pleading before the hon'ble court)
Does he have such a right to give a conditional pleading and can the court grant him this without considering what the respondents have to say ( my brother)
If anyone can guide me with SC citations supporting that I can appear in person for him and that respondents play an imp role in petition it will be helpful for me to argue in the HC on these issues.
Devajyoti Barman
(Expert) 03 July 2013
1. It is not allowed. However since the high court has allowed you, you can well do that.
2. Yes he can pray for such thing and it is commonly allowed in high courts.
Raj Kumar Makkad
(Expert) 03 July 2013
1. No is the only answer to your query. Bring the facts before the knowledge of new bench.
2. speedy trial need not to be pleaded in the petition.
Sonia Prabhu
(Querist) 05 July 2013
I do not understand why it should not be allowed if a party is allowed to appear in person the he can certainly have a right to appoint any other person on his behalf as far as he takes the responsibility of the consequences of the end result.
I am of the view that if my brother gives an affidavit appointing me to represent him it should serve the purpose..
and regarding pleading for speedy trial I feel he cannot plead for any thing that is not prayed for and in addition he / petitioner does not have a right to lay down any conditions.
prabhakar singh
(Expert) 05 July 2013
Law can not be so as to please people with causes.
You are not allowed because profession of law is regulated by law.
However if court allows you there is no law
to challenge it's discretion on this score alone.
There are many things where we suffer from scarcities of resources, take any field.
We have less resources but with higher demand.Food not sufficient.Schools not sufficient.Hospitals not sufficient.
Police not sufficient.So also judges are not sufficient and one side to litigation always intends delay.
V R SHROFF
(Expert) 05 July 2013
You are at mercy/ pleasure of court.
It is not your legal right to represent before court of Law.
Devajyoti Barman
(Expert) 06 July 2013
Even order of speedy disposal meets with little success in trial court.
There are many cases pending for decades even if there is order of speedy trial.
