FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’ (FITALP
1. ‘FORUM FOR INTEGRITY, TRANSPARENCY & ACCOUNTABILITY IN LEGAL PROFESSION’
( FITALP )
(Established: 28th
Day of September, 2009)
Supreme Court of India, Tilak Marg, New Delhi-110001 (India)
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President:
Ajay Pratap Sharma
Advocate
Supreme Court
Working Committee:
VK Sharma
Advocate
Supreme Court
Narendra Varma
Advocate
Supreme Court
(Mrs.) Santosh Singh
Advocate
Supreme Court
Md. Izhar Alam
Advocate
Supreme Court
Viresh Kumar Yadav
Advocate
Supreme Court
Phone: 9868604987
E-mail:
fitalp.supremecourt@gmail.com
Website: http://www.fitalp.org
FI IMMEDIATE
IM FITALP/ 1 Dated 7th
Dec. 2009
The Hon’ble Chief Justice of India & Hon’ble Judges
Supreme Court of India
New Delhi
ABOLITION OF CADRE OF AOR
IN THE INTEREST OF COMMON MAN –
“ WE, THE PEOPLE OF INDIA”
1. The main Aim and Object of the whole Judicial System in
India is to provide Speedy, Fair, Honest, Impartial & Inexpensive
Justice to the Common Man - “WE, THE PEOPLE OF INDIA”. To
achieve the same, Transparent, Honest, Accountable & Impartial
discharging of duties and functions- both by the Bench & the
Bar- without forgetting their Social Obligations towards
COMMON MAN, is Essentially required. The Aim and Object of
the FORUM is also, the same.
2. The Common Man have great Faith in the Hon’ble Supreme
Court of India and treat it as their Last and Final Hope for getting
Justice. They treat it as Temple of Justice. The Constitution of
India has also given ample Powers under Article 32 for
enforcement of Fundamental Rights, to fulfill the expectations of
the Common Man.
3. The Hon’ble Supreme Court owed great Responsibility to
the poor Common Man - “WE, THE PEOPLE OF INDIA”- while
framing Rules under Article 145 of the Constitution- making
Justice Speedy and Inexpensive so that, Common Man can
approach the Hon’ble Supreme Court- His Last Hope- easily but,
in practical life, an Ordinary Man is completely Ruined and
Broken on reaching the Hon’ble Supreme Court of India- where
Monopoly of AORs had been created and the Common Man
cannot have Advocate of his choice but, is Compelled to accept
FITALPFITALP
2. All Conditions of AORs regarding engagement of Senior Advocate of AORs’ choice on Payment of
Unbelievable Huge Fee in Lacs of rupees - in Violation of the Fee prescribed under the Supreme
Court Rules. The Advocacy is Completely Commercialised, just like Business having no scope for
Social Obligations or Duty towards Poor & Needy Common Man. It proves that, it is no more a
Noble Profession- which it used to be. Hence, Monopoly of any Group should not be permitted at
all. The Rules framed by the Hon’ble Supreme Court on this Head are proving Ineffective in
Checking the Miseries of the Common Man from AORs & Senior Advocates. No client can afford
to file Complaint before the Committee constituted by the Hon’ble Supreme Court. Hence, the
Remedy is Ineffective.
4. The Miseries of the COMMON MAN are Calling-Upon the Hon’ble Supreme Court of India to
amend and make such Rules, which can be Enforced over Seniors and AORs, prohibiting
charging of Unbelievably High Fees in Lacs of rupees from the Common Man. The FORUM
strongly feels that, the Only Solution to the Problem is to Abolish the cadre of AORs created by
the Supreme Court of India so that, the Common Man can bring any Advocate of his choice, which
suites his pocket, to Appear and Argue his case before the Hon’ble Supreme Court. This will also
be In Consonance with Article 145 of the Constitution of India and Section 30 of the Advocates
Act, 1966, which provides that, “… Every Advocate, whose name Is entered in the State Roll shall
be entitled as of Right to practice throughout the territories to which this Act extends- (i) In all
Courts including theSupreme Court…” The FORUM further hopes that the Hon’ble Supreme Court
will give Same Opportunity and Consideration to ALL Advocates, while Arguing their cases,
irrespective of the fact whether they are practicing in Hon’ble Supreme Court or outside. Since,
the Advocates have made Advocacy a Business hence, there should be Free Trade and
Competition, which will not only help the Common Man but, also the Young Advocates, as there
would be ‘No Monopoly of AORs and Seniors’.
5. Only this System will fulfill the Expectations and Necessity of the COMMON MAN. Now, after
the decision of the Hon’ble Supreme Court to issue Proximity Cards to all Members of State
Bar Councils all over India and E- Filing in Supreme Court of India, the Justification and necessity
of appointing AORs has become Redundant and does not Subsist at all.
Immediate Amendment of Supreme Court Rules, with the approval of the President of India,
is Inevitable to ensure Dispensation of Justice and Rule of Law.
(AP SHARMA)
PRESIDENT
Copy forwarded to:
1. The Hon’ble Prime Minister of India.
2. Hon’ble Minister for Law & Justice, Govt. of India-
In continuation to my letter of even no. dated 14 Nov. 2009.
3. Hon’ble Chairman, Law Commission of India.
4. Hon’ble Chief Justices, High Courts, India.
5. Mr. Sunil Thomas, Registrar(Administration)- For placing
Before Hon’ble CJI & Hon’ble Judges, Supreme Court.
6. Chairman & Members, Bar Council of India, New Delhi.
7. Chairman & Members, State Bar Councils, India.
8. President & Secretary, High Court Bar Associations.
9. Hon’ble Members, SCBA, India.
10. Administrator, SCBA – for circulation to Hon’ble Members,
SCBA; EC members and Notice Boards.