Lawyer reached the Supreme Court with a client on a wheelchair, the judge got angry on seeing it, sent the case to CJI Chandrachud
On April 5, during the hearing of a case in the Supreme Court, the lawyer reached the court carrying his paralyzed client on a wheelchair, while the court had not asked the petitioner to appear in person. The judge became very angry at this action of the lawyer and expressed strong objection.
What is the whole matter?
Actually this case was related to the compensation of an insurance company. While issuing notice in November 2019, the court had stayed the enhanced compensation. When the hearing of the matter started on 5th April, the counsel for the petitioner told that his client i.e. the petitioner himself was present in the court. The Bench was enraged at this argument of the counsel and felt that the counsel had deliberately brought the petitioner to court in a wheel chair to gain sympathy.
What did the court say?
Hearing the matter, a bench of Justice Dinesh Maheshwari and Justice PV Sanjay Kumar said that the counsel for the petitioner is saying that he is paralyzed and is present in the court for hearing. We do not understand what was the need for the petitioner to come personally to the court? Especially in such a situation when their physical condition is not good. The court never asked him to appear in person nor expected him to do so. The bench emphasized that the matter could have been heard without the personal presence of the petitioner.
Case sent to CJI
The displeasure of the bench increased so much that it removed the matter from its board and sent it to CJI DY Chandrachud. The bench ordered that the matter be placed again before the Chief Justice of India (CJI) for assigning it to another bench.
Is personal appearance of the disabled necessary?
The rules for the appearance of the petitioner are different in different courts or cases. Supreme Court Advocate Adarsh Singh says that when it comes to the Supreme Court, there is no need for personal appearance of the petitioner or the client until the court itself calls. The court summons the petitioner only in very rare cases. Like there is a family dispute or contempt case etc.
But if the client wants, he can come to the court to hear his case, on the day his case is filed. But it is not binding. Almost the same rule is applicable in the High Court as well. The same rule is also applicable for persons with disabilities to appear in the court.
When can a lawyer bring a client with a disability to court?
Advocate Adarsh Singh says that sometimes the lawyer himself wants to give direct proof of the truth of the argument he is giving, like a lawyer’s client is disabled, and the matter is about his disability, in this case Lawyers can present their clients in the court.
