A Full bench of Apex Court held as follows,
From Para 4,
4. Earlier, this Court had issued notice to the petitioner himself to show cause that in case it was a fake institution, what was the reason or rationale for the petitioner to join the same and to continue to serve there for one year. In reply to the said show cause notice, the petitioner submitted that such pleadings be ignored and may not be taken into account for the purpose of disposal of the instant petition. We do not see any reason to allow a party to make a pleading in the petition and then make a submission to the court to ignore it as such an issue has no bearing on the merits of the case being totally irrelevant. Pleadings have to be true to the knowledge of the parties and in case a person takes such misleading pleadings, he can be refused not only any kind of indulgence by the court but can also be tried for perjury. In case, the pleading taken by the petitioner is true, he cannot ask for ignoring the same. In case, it is false and as such statement had been made on oath, he is liable to be tried for perjury. More so, whether such a pleading is relevant or not is a matter to be decided by the court and under Section 165 of the Indian Evidence Act, 1872, court has a right to ask the party even relevant or irrelevant questions and the parties or their counsel cannot raise any objection to any such question.
From Para 5,
Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014Be that as it may, this Court had insisted at the time of first round of hearing of this case that AOR, Shri Manu Shanker Mishra should remain present in the Court at the time of arguments and also passed over the matter for his appearance. In the second round, it was informed to us that the AOR refused to come to the court. We take a very serious note of the conduct of this AOR, particularly, in view of the judgment of this Court In Re: Rameshwar Prasad Goyal, (2014) 1 SCC 572, wherein this Court has categorically held that in case the AOR does not appear in the court, his conduct may tantamount to criminal contempt of the court. In fact, a very few AsOR have spoiled the working system of the institution of AsOR who simply lend their signatures for petty amount. The AOR involved herein is living in a fool’s paradise if he thinks that he can play hide and seek with any court of law.
In such a chaotic situation, any “Arzi”, “Farzi”, half- baked lawyer under the label of “proxy counsel”, a phrase not traceable under the Advocates Act, 1961 or under the Supreme Court Rules, 1966 etc., cannot be allowed to abuse and misuse the process of the court under a false impression that he has a right to waste public time without any authority to appear in the court, either from the litigant or from the AOR, as in the instant case. The AOR, with impunity was disdainful towards the order of this Court directing him to appear in the court. He had also not filed any appearance for the counsel who had appeared, nor the said counsel disclosed his name. The Court takes serious note of the conduct of the AOR, Shri Manu Shanker Mishra and warns him to behave in an appropriate manner befitting the conduct of an advocate and an AOR otherwise this Court will not hesitate to take action against him. His conduct will be under close watch of this Court.
Citations : [2014 ALLCC 84 1002], [2014 ALT CRL AP 2 242], [2014 CCR SC 2 37], [2014 COMPLJ SC 3 197], [2014 RCR CIVIL 2 285], [2014 SCALE 1 751], [2014 SCC 9 230], [2014 SCJ 4 412], [2014 SCR 1 848], [2014 UC 1 516], [2014 SCC CRI 5 21], [2014 SCC ONLINE SC 67], [2014 AIOL 52], [2014 SCV 1 397], [2014 SLT 3 298], [2014 RAJ 2 401], [2014 AICLR 1 991], [2014 ALLINDCAS 135 270], [2014 RCR CRIMINAL SC 2 711]
Other Sources :
https://indiankanoon.org/doc/199130163/
https://www.casemine.com/judgement/in/5609af4ce4b0149711416146
https://www.legalauthority.in/judgement/sanjay-kumar-vs-state-of-bihar-anr-5665
