ORDER IV

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. The Supreme Court of Azad Jammu and Kashmir, in exercise of its rule making powers, and in consultation with the Azad Jammu and Kashmir Council, hereby makes the following Rules: PART‑I GENERAL ORDER‑IV ADVOCATES AND ADVOCATES ON RECORD 1 Advocates and Senior Advocates shall be entitled to appear and plead before the Court, on enrollment as provided hereinafter. 2 There shall be a roll of Advocates, and separately a Roll of Senior Advocates. 3 A Senior Advocate shall have precedence over other Advocates who are not Senior Advocates, and the provisions of the First Schedule to these Rules shall apply with respect to Senior and other Advocates. 4 (1) A person shall not be qualified for being enrolled as an Advocate unless, he‑‑ (a) has been for not less than 5 years enrolled as an Advocate in High Court; (b) has been granted a certificate in a duly authenticated form by the Chief Justice and Judge of the High Court that he is a fit and proper person to appear and plead as an Advocate before the Supreme Court; and . (c) sings the Roll of Advocates maintained for the purpose. (2) The Chief justice and judges of the Supreme Court, may, on application or otherwise, select from time to time, from among those whose names are on the Roll of Advocates, persons who are judged, by their knowledge, ability and experience, to be worthy of being granted the status of Senior Advocates, and on singing the Roll of Senior Advocates, such persons shall assume the said status. 5. The Chief Justice and the Judge may grant the enrollment of person, not qualified as afore mentioned if in their judgement he is qualified by knowledge, ability and experience to be enrolled as an Advocate; Provided that the Chief Justice and the Judge may refuse to enrol a person who has at any time been adjudged guilty of professional misconduct or who is otherwise considered unfit to be enrolled. 6 No Advocate, other than an Advocate on record, shall plead in any matter unless he is instructed by an Advocate on record, but the restriction in the case of a Senior Advocate, not to appear and plead without a Junior, shall not apply when he is instructed by any Advocate on record. 7 The Rolls of Advocates and Senior Advocates shall be kept by the Registrar and shall contain such particulars as the Court may from time to time require. 8 (1) The dress prescribed for Advocates is a black Sherwani, white shirt, white shalwar or pyijama or a short coat of black material; white shirt with turn down collar and white bands or black tie, white trouser, in the summer, and in the winter, trouser of material in the deeper shades of gray. The Advocates shall wear black lawyer's gown in the Court unless the Court directs otherwise. (2) The dress for Senior Advocate shall be the same as for Advocates with the additional requirement that they shall wear wigs during the period wigs are worn by the Judges. (3) The dress for Advocates on record shall be the same as for Advocates; Provided that Barristers who are Advocates of the Court may at all times wear the dress prescribed for them when appearing before the High Court in London. 9 The enrollment fee for Senior Advocates shall be Rs. 500/-.A fee of rupees 5/‑ shall be charged from every Advocate of a High Court signing the Roll of Advocate under rule 4 (1) 10. The Advocate General shall have precedence over all Advocates in the Court. 11. (1) Subject to the preceding rules of this Order, an Advocate appearing before the Court shall have precedence among the Senior or other Advocates as the case may be, according to the date of his enrollment as. a Senior or other Advocate, as the case may be, in the Court. (2) Any question which arises with respect to the precedence of any Advocate shall be determined by the Court. 12. Any Advocate of this Court, not being Senior Advocate, may, on his fulfilling the conditions laid down in the next succeeding rule be registered as an Advocate on record and shall thereafter be entitled to act as well to plead for any party in any proceeding. 13 No Advocate of this Court shall be qualified to be registered as an Advocate on record unless he has passed such written tests as may be held by the Court, particulars whereof shall be notified in the official Gazette. 14. No Advocate, other than an Advocate on record, shall be entitled to act for a party in any proceeding in the Court. 15 No Senior Advocate shall be entitled to be registered as an Advocate on record. 16 Every Advocate on record shall‑ (i) subscribe before the Registrar a declaration in Form 2 or Form 2‑A of the Forms in the Sixth Schedule to these Rules, as may be appropriate to his case, undertaking to observe the rules, regulations, orders and practice of the Court, and to pay all fees or charges due and payable in any cause, matter or appeal in the Court; (ii) subscribe similarly an indemnity bond in Forms 2‑B of the Forms in the said Schedule; and (iii) pay an enrollment fee of Rs. 250/ 17 Every applicant for enrollment as an Advocate shall produce an authenticated copy of his enrollment certificate in the High Court and a certificate that he is still an Advocate of that High Court. 18. An Advocate on record who wishes to have his name removed from the Roll of Advocate on record shall apply by petition, verified by affidavit, entitled "In the matter of Advocate on record in this Court", and stating the date of his enrollment as an Advocate on record, the reason why he wishes his name to be removed, that no application. or other proceeding in any Court is pending, or is likely to be instituted against' him, and that no fees are owing to the Court for which he is personally responsible. 19. Every Advocate on record shall before acting on behalf of any person or party file in the Registry a power of attorney in the prescribed form authorizing him to act. 20. No person having an Advocate on record shall file a power or warrant of Attorney authorizing another Advocate on record to act for him in the same case save with the consent of the former Advocate on record or by leave of the Court, unless the former Advocate on record is dead or is by reason of infirmity of mind or body, unable to continue to act. 21. No Advocate on record may, without the leave of the Court, withdraw from the conduct of any case by reason only of the non‑payment of his client of fees, costs and other charges. 22. Every Advocate on record shall be personally liable to the Court or due payment of all fees and charges payable to the Court. 23. No person having an Advocate on record shall be heard in person save by special leave of the Court. 24 No Advocate on record shall authorize any person whatsoever, except another Advocate on record, to do any act in his name in any case. The authorization shall be in writing. 25. Where a party changes his Advocate on record shall give notice of the change to all parties concerned. 26, An Advocate or any Advocate on record who wishes to suspend his practice by reason of his appointment to any office of profit under the Government or his being engaged in another profession or for any other reason shall give intimation thereof to the Registrar. 27 The names of all Senior Advocates and other Advocates enrolled as such in, the judicial Board of Azad Jammu and Kashmir immediately before the 7th November, 1975 shall be deemed to be transferred to the respective Rolls of the Supreme Court. 28. Where on the complaint of any person or otherwise, the Court is of opinion that an Advocate or any Advocate on record has been guilty of misconduct or of conduct unbecoming an Advocate, the Court may take action in accordance with the provisions of the Legal Practitioners Act, as in force in Azad Jammu and Kashmir. 29. An Advocate or an Advocate on record including a Senior Advocate, shall purchase a copy of these Rules from the Registrar at the time of his enrollment.