T.C. MATHAI versus THE DISTRICT SESSIONS JUDGE, THIRUVANANTHAPURAM,KERALA

Citation: [1999] 2 S.C.R. 305 · Decided: 31-03-1999 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Dismissed

Judgment (excerpt)

T.C. MATHAI 
v. 
THE DISTRICT SESSIONS JUDGE, 
THIRUVANANTHAPURAM,KERALA 
MARCH 31, 1999 
[K.T. THOMAS AND M.B. SHAH, J.] 
Power of Attorney Act, 1882-Section 2-Power of Attorney holder of 
A 
B 
a couple arrayed as respondents in a criminal revision petition seeking 
permission to appear and plead on behalf of the and couple Permissibility C 
of-Held, a Power of Attorney holder cannot become a ''pleader" for a party 
in criminal proceedings, unless the party secures permission from the Court 
to appoint him to act in such proceedings-This is in tune with Section 32 
of the Advocate Act, 1961 which empowers a Court to permit any person, 
who is not enrolled as an Advocate to appear before it in any particular D 
case- Court to verify the level of equipment of such person for pleading on 
behalf of the party concerned before granting such permission-Code of 
I 
Criminal Procedure, 1973-Sections 2(q) ; 303-Advocates Act, 1961-
Section 32. 
Agent-Appointment of-Held, the common law principle that every E 
person who is suit juris has a right to appoint an agent for any purpose 
whatsoever, does not apply where the act to be performed is personal in 
character, or when it is annexed to a public office or to an office involving 
any fiduciary obligation-Section 2 of the Power of Attorney Act cannot 
override the specific provision of a statute which requires a particular act 
,_ to be done by a party in person-Personal attendance of the accused may F 
be dispensed with under provisions of.Code of Criminal Procedure and he 
-
may be permitted to appear through counsel-But in no case can the 
appearance of the accused be made through a power of attorney holder-
Code of Criminal Procedure, 1973-Sections 205, 27. 
Advocates Act, 1961-Sections 30; 33-Representation through 
Advocates-Held, no party is required to obtain prior permission of the 
Court to appoint an Ac:vocate to represent him in court-An advocate is the 
officer of the court and is hence accountable to the court-Efficacious 
discharge of judicial process very often depends upon the valuable services 
G 
rendered by the legal profession. 
H 
305 
306' 
SUPREME COURT REPORTS 
[1999] 2 S.C.R. 
A 
Words and Phrases-"Pleader"-"Power of Attorney"-Explained 
The appellant was the power of attorney holder of a couple living in 
Kuwait who were arrayed as respondents in a criminal revision petition filed 
before the Sessions Court, Trivandram . He sought permission of the Sessions 
Court to appear and plead on behalf of the said couple which was declined 
B on the ground that the request for such permission did not emanate from the 
respondent couple themselves. ·Thereupon, the appellant preferred a writ 
p~tition in the High Court for issuance of a direction to the Sessions Judge 
to grant the permission sought for, which was dismissed by a Single Judge. 
Writ appeal filed again~t the order of the Single Judge was dismissed by a 
C Division Bench. Hence the present appeal. 
On behalf of the appellant, it was contended that a power of attorney 
holder has all powers to act on behalf of his principal. It was contended that 
his right to represent the respondent-couple in the Court would be governed 
by the authority conferred by the instrument of power of attorney executed 
D by the respondent - couple in his favour. 
Dismissing the appeal, this Court 
HELD : 1.1. An agent cannot become a "pleader" for the party in 
criminal proceedings, unless the party secures permission from the court 
E to appoint him to act in such proceedings. [312-E) 
F 
M Krishnammal v. T. Balasubramania Pillai, AIR (1937) Madras 937, 
referred to. 
1.2. Section 2 of the power of Attorney Act cannot override the specific 
provision of a statute which requires that a particular act should be done by 
a party in person. When the Code requires the appearance of an accused in 
a court it is no compliance with it if a power of attorney holder appears for 
him. It is a different thing that a party can be permitted to appear through 
counsel. In no case can the appearance of the accused be made through a 
G Power of Attorney holder. [311-G-H; 312Bi-
2.1. Legally qualified persons who are authorised to practise in the 
courts by the authority prescribed under the statute concerned can appear 
for parties in the proceeding pending against them. No party is required to 
obtain prior permission of the· court to appoint such persons to represent 
H him in court. Section 30 of the Advocates Act confers a right

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