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N.K.Assumi (Advocate)     03 February 2010

Vakalat signed by the surety for the accused sufficient?

In an Anticipatory Bail application for the accused, the Counsel for the accused signed the application and the surety or the (pairokar) for the applicant siged the Vakalatnama in the name of the accused along with an affidavit. But the Session Judge was of the view that the vakalatnama has to be signed only by the accused who was under medical treatment outside the State at the time of moving the application and refused to entertain the application till the accused signed the Vakalat. Is this approach of the Session Judge legal and proper?


 7 Replies

Jithendra.H.J (Lawyer)     03 February 2010

judge is right,

the vkalatah nama has to be signed by the accused himself, as you are appearing on behalf of him.


surety cannot sign onbehalf of the accused, it is not permissible  in law .

tell the accused to send u a signed  vaklath nama  through courier /speed post

N.K.Assumi (Advocate)     03 February 2010

Thank you very much indeed for your response. Which is the provisions of law that governed the procedure of Vakalatnama in criminal case? 


I agree with Jithendra Sir, but I think Sir it is  the basic principle of Advocacy that to whom you are going to represent before court, your vakalatnama should be signed by that person only, Like civil proceedings there is no  provision to give authority to file vakalatnamain  criminal proceedings the accused have to sign the vakalatnama 

N.K.Assumi (Advocate)     03 February 2010

Thnk you Pallavi for the confirmation.

Jithendra.H.J (Lawyer)     03 February 2010

Check whether  Rules framed by the Hon'ble High Court of your state under section 34(1) of the Advocates Act, 1961 (Act 25 of 1961)

N.K.Assumi (Advocate)     03 February 2010

Thank you, I ill check it up.

N.K.Assumi (Advocate)     03 February 2010

Yes, Jithendra Sir, under the Guhati High Court Rules, Rules 64 speaks about Vakalatnama and the last part of Rules 64 clearly says that...............and if such person is not the client himself for n advocate, attorney or enroled mukhtar shall state the nature of the authority, with date, of that person.

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