T C Mathai, who claimed to be the power of attorney holder of a couple living in Kuwait, had approached the SC against denial of permission by a Thiruvananthapuram sessions court to appear and plead on behalf of the couple, who were respondents in a criminal petition. A division bench said that an agent could not become a `pleader' in criminal proceedings unless the party secures permission to appoint him to act. It referred to Section 303 of the Code of Criminal Procedure which entitled a person to be defended by a pleader.

The respondent couple have not moved for such permission and hence no occasion has arisen so far to consider this aspect, the bench said. Section 2 of the Power of Attorney Act, 1882, empowers the holder of power of attorney to do anything, "in and with his own name and signature" by the authority of the donor ofthe power.

Once such an authority was granted, the Act recognises that everything done by the power of attorney holder, "shall be as effective in law as if it had been done by the donor."

Keeping in mind the provision of the Power of Attorney Act, the bench referred to Section 303 of the Code of Criminal Procedure (CrPC), which entitled a person to the right of being defended by a pleader.

The CrPC further says that if the pleader is not a legal practitioner, "it was essential to secure permission of the court" for the pleader to act in court proceedings. The bench ruled, "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," the bench said.

It added, "The work in a court of a law is a serious and responsible function... Efficacious discharge of judicial process very often depends upon the valuable service rendered by the legalprofession. But if the person proposed to be appointed by the party is not a legal practitioner, the court has to satisfy itself whether the expected assistance would be rendered by that person."