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Issues: Whether a power of attorney holder can claim a right of audience and plead on behalf of a party in criminal proceedings without the party first obtaining the court's permission to appoint him as a pleader.
Analysis: Section 2(q) of the Code of Criminal Procedure, 1973 defines a pleader to include both a person authorised to practise in court and any other person appointed with the permission of the court to act in the proceedings. The permission contemplated by Section 32 of the Advocates Act, 1961 for a non-advocate to appear in a case is not automatic and, in criminal proceedings, must be sought by the party concerned. Sections 30 and 33 of the Advocates Act, 1961 preserve the entitlement of enrolled advocates to practise, while the provisions in the Code dealing with appearance of the accused, including Sections 205 and 273, show that where personal attendance is dispensed with the accused may appear through a pleader, not through a power of attorney holder as such. Section 2 of the Power of Attorney Act, 1882 does not override a specific statutory requirement that a person must act personally or through a pleader appointed with the court's permission. A power of attorney may authorise agency in general, but it does not by itself confer a right of audience in criminal court.
Conclusion: A power of attorney holder has no independent right to plead in criminal proceedings; the party must first obtain the court's permission to appoint such person to act as pleader. The claim was rejected.
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