Supreme Court questions senior advocate's designation due to misconduct

hindustantimes.com

The Supreme Court of India has made a significant decision concerning senior advocate Rishi Malhotra. The full court, made up of all sitting judges, has issued a show-cause notice to him. This notice asks why his designation as a senior advocate should not be revoked after serious concerns were raised about his conduct. This action comes after a recent judgment found that Malhotra had suppressed important facts and made misleading statements during a case. The judges noted that Malhotra failed to inform the court about previous orders which prevented a life convict from being released early. Despite Malhotra's apology, the court documented his misrepresentations thoroughly and referred the issue to the Chief Justice of India for further action. The court, in its judgment, clarified that it was not making a final decision on Malhotra's designation but allowing him to explain his side. Malhotra was designated as a senior advocate in August 2024. The judgment not only addresses his case but also raises questions about the system used for designating senior advocates in India. The court found issues with the current selection process, including the brief interviews used for evaluation. The judges criticized the five-minute interview, which carries 25 marks in the selection criteria, as insufficient for measuring a lawyer's merit. They also pointed out that there is no thorough check on a candidate's professional integrity, even in cases of reported misconduct. In its ruling, the court called for improvements to the designation process. It highlighted the need for a fair and transparent system that considers a candidate's integrity, legal skills, and years of practice. A three-judge bench is currently reviewing the earlier guidelines that set the selection criteria. They are concerned that the existing process does not adequately evaluate candidates and too much emphasis is placed on a short interview.


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