The Supreme Court has issued a show-cause notice to the Senior Advocate Rishi Malhotra. He has been asked to explain why his ‘Senior’ designation as an Advocate should not be withdrawn. Advocate Malhotra was designated as a Senior Advocate by the Supreme Court on August 14, 2024, considering his expertise, years of experience and legal acumen. He has been a council for many convicts seeking premature release in the case of Bilkis Bano gangrape.
In its February 20 verdict, a bench of Justice Abhay S Oka and Augustine George Masih J. flagged Advocate Malhotra’s misconduct. It was in a case accusing him of not disclosing that the top court had barred the convict’s remission for 30 years. Likely, Advocate Malhotra is found to have misled the apex court on other occasions too. The Court said, “We will take a decision after getting a reply from Malhotra about his alleged misconduct.” It further added, “We make it clear that we are not recording any final finding against Rishi Malhotra on the question whether his designation can be withdrawn. We leave it to the Chief Justice of India to take a call on this issue,” It is for the first time that all sitting Supreme Court Judges have collectively taken such strict action against a Senior Advocate, emphasizing a stringent stance on legal ethics and accountability.
Senior Advocate-
The Supreme Court designates senior advocates under Section 16(2) of the Advocates Act, 1961. Such designation is based on criteria such as ability, standing at the Bar, and special knowledge or experience in the field of law. These designations are subject to the guidelines established in the landmark judgment in Indira Jaising Vs Supreme Court of India & Ors, which aimed to create a fair and transparent process.
An advocate may, with his consent, be designated as Senior Advocate if the Supreme Court or a High Court is of the opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law, he is deserving of such distinction [Section 16 (2)]. Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profession, prescribe [Section 16 (3)].
