Law interns should be counselled: Delhi High Court

Delhi High Court struck down a First Information Report (FIR) filed against a second-year law student who came before a district court on behalf of a lawyer and requested an adjournment in a case.

Institution has the responsibility.

A law student who is learning the practises and procedures of the court is referred to as a law intern, according to Justice Anish Dayal. Therefore, the institution has a responsibility to do all possible to support their education and training, rather than only punishing them for these unintentional actions.”These legal interns who are only students should be counselled, appropriately informed, and instructed instead of FIRs being registered” the Court said. 

Legal Intern submitted as Proxy Counsel

Rajesh Sharma, a student working with Delhi district court attorney Abhay Raj Verma, had a petition before the court that was being heard. Verma instructed Sharma to appear before the Dwarka magistrate court on August 31, 2022, while he was away from the city.

Sharma was to get an adjournment in a case. It was inquired of the petitioner when he came before the magistrate if he was acting as main counsel or proxy counsel. In his nervousness, he submitted that he was a proxy.

Magistrate ordered action against the legal intern.

At the time of court proceedings, the petitioner had no robes or bands on. When the magistrate learned that Sharma was an intern, the magistrate ordered that a copy of the court proceedings be given to the Principal District and Sessions Judge.

Since the petitioner was a law student, the Principal District & Sessions Judge decided against taking any legal action. However, Jitender Solanki, the secretary of the Dwarka Court Bar Association, submitted a complaint on September 3, 2022, and as a result, the FIR was registered.

Problem had been Exaggerated.

According to Solanki, there have been numerous instances of interns appearing in court, and the presiding officers of these courts have reported these incidents to the Bar Association. Justice Dayal concluded after considering the case and speaking with the petitioner and Solanki that the problem had been exaggerated unfairly, especially in light of the fact that the petitioner had honestly informed the magistrate that he was an intern and had provided his ID card when requested to do so.

Step Ahead

According to the judge, there is need for clearer communication from practising attorneys, who should teach their law interns how to effectively represent themselves in court. He added that interns themselves need to exercise caution. The Bench additionally noted that the petitioner had provided an undertaking stating that he was aware that he was not an enrolled advocate and that he would refrain from representing himself in any legal proceedings until he was properly enrolled.