Re: [HumJanenge] Presence of Advocate Before FAA or CIC - whether permissible

Apart from Mr. Prashant Bhushan, Sr. Advocate, Mr. Amit Rekhi s/o. Shri L N Rekhi, Sr. Advocate represented a case against the UPSC was respondnent.  As far as I remembers, Mr. Amit Rekhi represented on behalf of the Applicants who appreared for the IAS exams.  

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From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge@googlegroups.com
Sent: Tue, 7 December, 2010 9:49:12 AM
Subject: Re: [HumJanenge] Presence of Advocate Before FAA or CIC - whether permissible

There is lack of clarity on this issue within the CIC

This is the position:

1) An appellant can be "assisted" by any person (incl. a legal practitioner).
2) An appellant cannot be "represented" by a legal practitioner.

What this means is

A) The legal practitioner may accompany the appellant to assist him.
The legal practitioner may not speak or address arguments to the
Commission.

B) The appellant cannot send a legal practitioner to "represent" him.

If there is any breach / deviation from this, it is a contravention of
rules, and a vigilance matter.

On 2 occasions when I have protested the presence of advocates, CCIC
allowed them to speak to "assist the Commission"

Presence of advocates in CIC proceedings greatly distorts the
principles of natural justice. Whenever any of our members is affected
he should file a vigilance complaint to the CCIC promptly.

Sarbajit

On 12/7/10, Ashok Kumar <imaka@in.com> wrote:
> Sir,Rule 7(4) is reproduced below :7(4) The appellant or the complainant, as
> the case may be, may seek the assistance of any person in the process of the
> appeal while presenting his points and the person representing him may not
> be a legal practitioner.It is clear from the above that the appellant or
> complainant may be assisted by any person, even if he is not a legal
> practitioner.Further, if one goes through CIC decisions at random from their
> website, one would find a number of lawyers have assisted citizens. e.g Mr
> Prashant Bhushan has assisted a number of people in the CIC. Everyone knows
> he is a reputed Senior Advocate. A number of Public Authorities are also
> assisted/represented by lawyers.AK Anand