VidhiSangh

Supreme Court of India · 20/02/2025

JITENDER @ KALLA versus STATE (GOVT OF NCT OF DELHI) & ORS.

[2025] 2 S.C.R. 1969 · 2025 INSC 249

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Summary

Dealing with an SLP for premature release that suppressed the convict's fixed thirty-year sentence without remission, the Supreme Court laid down that an advocate-on-record is wholly responsible for what he files even if someone else drafted it, that name lending is misconduct under Order IV Rule 10 of the Supreme Court Rules, 2013, and, flagging serious doubts about the senior-designation guidelines in Indira Jaising I and II, referred the question of their reconsideration to the Chief Justice of India.

Issues

  1. What duties an advocate-on-record owes to the Supreme Court when filing a petition drafted by another advocate, and whether name lending is misconduct.
  2. Whether action should be taken against the advocate-on-record and the senior advocate responsible for a petition that suppressed material facts.
  3. Whether the guidelines for designation of senior advocates laid down in Indira Jaising I and II need reconsideration, and how a smaller Bench may raise such doubts.

Provisions considered

Held

Result

Appeal disposed of; Registrar (Judicial) directed to place the judgment before the Chief Justice of India on reconsideration of Indira Jaising I and II and on the senior advocate's designation, and to forward SCAORA's suggestions to the Secretary General; the appellant's remedies for premature release kept open; IA No. 259649 of 2024 under Section 340 CrPC and Writ Petition (Crl.) No. 418 of 2024 de-tagged.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1969.