Petitioner has right to appear in person

Petitioner has right to appear in person

Rajesh Bhat

04 November 2007, Sunday

Most of the citizens, who are involved in legal battles, are not aware
of the fact that a citizen can plead the case in the court of law in
person without engaging a lawyer.

THERE IS an old saying that it is the wearer who knows where the shoe
pinches. So if you are an aggrieved or an affected party, and feel that
you have a strong case to contest in the court of law, you are the
better person who can plead the case and put forth your view point with
authority, no matter whether you are an advocate or not. As a petitioner
in person, you have a primary right to contest any of your civil or
criminal case even without engaging an advocate.

According to Sunil Sethi, former president of Jammu Bar association, it
is not necessary at all for a petitioner to engage a lawyer. In fact, an
advocate is just a substitute and under order Three of Civil Procedure
Code, an advocate is an attorney - a person appointed to act for the
petitioner.

Sethi says that to appear in person in the court, one doesn't
require a law degree at all. "Even the petitioner can engage another
person to plead the case. That other person also doesn't require to
be a lawyer. Simply, in such a case the permission of the court is
required.

If a petitioner doesn't have resources to engage a lawyer or cannot
also plead of his own, in such case, he can approach Legal Aid committee
who can engage an advocate for the petitioner on government expenses.
These Legal Aid committees are at district level (headed by Sessions
Judge) and at state level, headed by a judge of a High Court.

Sethi says that if a person wants to plead the case of his own, he
doesn't need to put on an advocate's uniform. Further, if he can
not write the writ petition, the same can be drafted by engaging an
advocate, but the case in the court can be pleaded by the petitioner
himself, if he wishes so.

It is not also necessary to engage an advocate for the entire case till
it comes to its logical conclusion. "Even the petitioner has the
right to change the advocate and engage another at any stage of case,
opines senior Jammu and Kashmir High Court advocate SS Anand Lehar.

Dwelling upon criminal cases, Lehar says that no trial begins before an
accused is given an opportunity to engage a lawyer. In case the accused
is not in a position or doesn't want to engage a lawyer, the court
is bound to give him the services of an `Amicus Curie'- an
advocate who will be asked by the Court to represent the case and the
money for the same will be borne by the court.

If the accused neither engages the advocate nor takes the services of
`Amicus Curie', the Judge will be in that case himself examining
the witness. Even the accused himself has the right to cross-examine the
witnesses.

While giving reference of the law, Lehar says that under Article 21 of
the Indian Constitution (seeking safeguard of life and liberty of an
individual), even a foreigner can approach Indian Courts and that too
without an advocate. Even those who have illegally come to India or
detained after crossing the border, can seek justice under this
provision and can plead for liberty if detained beyond the period of
detention.

So the next time, when you are engaged in any legal dispute, be it a
consumer case, a civil or a matrimonial dispute, if you are sure that
you can plead the case of your own, you have the right to appear before
the judge - but remember, maintaining the dignity of the court is
everybody's prime duty.