1999 (3) TMI 635 - SC - Indian Laws

Right of audience - Validity of power of attorney to represent in court - Power of attorney holder has all powers to act on behalf of his principal - definition of Pleader u/s 2(q) of CrPC - Interpretation of Section 303 of CrPC - HELD THAT - Section 2 of the Power of Attorney Act cannot override the specific provision of a statute which requires that a particular act should be done by a party in person. When the Code requires the appearance of an accused in a court it is no compliance with it if a power of attorney holder appears for him. It is a different thing that a party can be permitted to appear through counsel. Chapter XVI of the Code empowers the Magistrate to issue summons or warrant for the appearance of the accused. Section 205 of the Code empowers the Magistrate to dispense with the personal attendance of accused and permit him to appear by his pleader if he sees reasons to do so. Section 273 of the Code speaks of the powers of the court to record evidence in the presence of the pleader of the accused in cases when personal attendance of the accused is dispensed with. But in no case can the appearance of the accused be made through a power of attorney holder. So the contention of the appellant based on the instrument of power of attorney is of no avail in this case. Following the observations made in M. Krishnammal v. T. Balasubramania Pillai though stated sixty years ago would represent the correct legal position even now. Be that as it may an agent cannot become a pleader for the party in criminal proceedings unless the party secures permission from the court to appoint him to act in such proceedings. The respondent-couple have not even moved for such permission and hence no occasion has arisen so far to consider that aspect. The appeal is accordingly dismissed.

Summary

Issues involved: Appellant seeking permission to appear on behalf of a couple in a criminal revision petition, interpretation of Section 303 of the Code of Criminal Procedure, validity of power of attorney to represent in court.

Interpretation of Section 303 of the Code of Criminal Procedure: Section 303 entitles a person to be defended by a pleader of choice when facing legal proceedings. The definition of "pleader" includes persons appointed with court permission to act in proceedings. Legal practitioners authorized to practice law can represent parties without prior court permission. However, non-advocates need court permission before pleading in criminal court cases. The court must assess the capability of the appointed person to assist in the case.

Role of Legal Practitioners: Legally qualified persons authorized to practice law can represent parties without prior court permission. Advocates enrolled under the Advocates Act have the right to practice in all courts without needing additional approval. The court must ensure that non-advocates appointed by parties are capable of providing effective assistance in the case.

Validity of Power of Attorney in Court Representation: A power of attorney allows a person to act on behalf of another. However, the Power of Attorney Act does not override statutes requiring personal appearance for certain acts. In criminal cases, the accused must appear in court unless the magistrate permits representation by a pleader. A power of attorney holder cannot substitute the personal appearance of the accused in court.

Precedent and Legal Position: A Full Bench of the Madras High Court ruled that an agent with a power of attorney cannot represent a party in court without court authorization. The judgment emphasized that a power of attorney for conducting judicial proceedings does not grant automatic right of audience in court. The legal position remains unchanged, requiring court permission for non-advocates to represent parties in criminal proceedings.

Conclusion: The appeal was dismissed as the respondent-couple did not seek court permission for the appellant to represent them in the criminal proceedings. The judgment reaffirmed the necessity of court approval for non-advocates to act as pleaders in criminal cases, emphasizing the importance of proper legal representation in court proceedings.