In a remarkable development, the Supreme Court has issued a notice to Senior Advocate Rishi Malhotra, seeking an explanation after an advocate-on-record (AoR) informed the Court that he had signed off on the appeal at Malhotra's request without knowledge of the omission of critical facts from the filing.

A Bench comprising Justices Abhay S Oka and Augustine George Masih, on September 30, expressed shock over the situation, noting a growing trend in remission cases where crucial facts are being concealed from the Court.

"Mr. Jaydip Pati, Advocate-on-Record has filed an affidavit pursuant to order passed by this Court. To say the least, the contents are shocking. We will elaborately deal with the stand taken by him at an appropriate stage. In view of what is stated in the affidavit, we issue notice to Shri Rishi Malhotra, learned Senior Advocate to appear before this Court for explaining what is stated in the affidavit filed by Mr. Jaydip Pati, Advocate-on Record," the Court directed.

Advocates-on-record (AoRs), after passing the AoR exam, are authorized to file cases before the Supreme Court. However, the Court has previously cautioned AoRs against becoming mere signing authorities without proper scrutiny. In July last year, a Bench headed by Justice BR Gavai criticized the trend of AoRs being treated like postmen, signing off on petitions without adequate review.

The current issue surfaced last month when the Supreme Court discovered that an appeal filed through AoR Jaydip Pati omitted critical facts. The Bench objected that the special leave petition failed to disclose that the Court had previously reinstated a 30-year sentence without remission for a convict in a kidnapping case. These crucial details were concealed in the appeal seeking remission.

In response, the Court sought an explanation from Pati, who filed an affidavit explaining that he had signed the pleadings at the request of Senior Advocate Rishi Malhotra, whose good faith he did not question. Pati also noted that he was a chamber junior to Malhotra and used his chamber.

"The deponent was asked to sign petitions as Advocate-on-Record. The deponent never doubted the bona fide of Mr. Rishi Malhotra nor could refuse to sign the Petitions and Vakalatnamas as AOR as the deponent was his chamber junior and sitting in his chamber."

Pati further stated that he could not have imagined that Malhotra would take advantage of the situation, emphasizing his trust in the Senior Advocate’s integrity.

"The deponent submits that he could not even imagine that Mr. Rishi Malhotra will exploit the situation and get the matters filed through him by concealing the order passed," the affidavit said.

Pati also said he would not repeat his mistake.

"That the deponent undertakes not to commit such a mistake in the future and will not sign any matter as AOR without thoroughly verifying facts from the records of Courts below," he said.

The Bench, however, remained unimpressed and directed Senior Advocate Rishi Malhotra to appear before the Court. Additionally, the Court requested the president of the Supreme Court Advocates-On-Record Association (SCAORA), Vipin Nair, to assist in the matter. The case is scheduled for further hearing on October 21.

Notably, in January 2023, Chief Justice of India (CJI) DY Chandrachud had praised Senior Advocate Rishi Malhotra during the hearing of a case, acknowledging his contributions in the courtroom.

"We must commend that whenever you appear before us, you always place the facts in a clear manner. Even facts against your client. So we know there is a degree of assurance here."

Case Title: Jitender @ Kalla vs State Govt of NCT of Delhi & anr