My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002?
It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards society and is expected to act with utmost sincerity and commitment to cause of justice.
Section 14(1A) of 2002 Act was inserted with effect from 15/01/2013.
The expression “any officer subordinate to him” in Section 14(1A) has been used in several legislations enacted by Parliament/State Legislature [Section 14 of The Suppression of Immoral Traffic in Women and Girls Act, 1956; Section 5 of The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960; Section 166 of The Manipur Land Revenue and Land Reforms Act, 1960; Section 10K of The Export (Quality Control and Inspection) Act, 1963; Section 43A of The Unlawful Activities (Prevention) Act, 1967; Section 5 of The Wild Life (Protection) Act, 1972; Sections 55 and 165 of The Code of Criminal Procedure, 1973; Sections 64 and 70 of The Delhi Police Act, 1978; Section 41 of The Narcotic Drugs and Psychotropic Substances Act, 1985; Sections 11 and 16 of The Foreign Trade (Development and Regulation) Act, 1992; Section 44 of The Delhi Rent Act, 1995; Section 22 of The Chemical Weapons Convention Act, 2000; Section 17 of The Prevention of Money-Laundering Act, 2002; Section 30 of The Food Safety and Standards Act, 2006; Sections 107, 108 and 112 of The Central Goods and Services Tax Act, 2017; Section 8 of The Fugitive Economic Offenders Act, 2018; and Section 31 of The Banning of Unregulated Deposit Schemes Act, 2019].
Somewhat similar expression has been used in Articles 53, 154 and 311 of The Constitution of India and in other legislations, enacted by Parliament/State Legislature, with little variation [Section 376 of The Indian Penal Code, 1860; Section 2 and Section 7 of The Police Act, 1861; Section 4A of The Guardians and Wards Act, 1890; Section 3(5) of The General Clauses Act, 1897; Sections 8, 22 and Section 48 of The Prisons Act, 189; Section 195 of The Indian Succession Act, 1925; Section 34H and Sections 110A and 110B of The Insurance Act, 1938; Section 2(a) of the Indian Coconut Committee Act, 1944; Section 14A of The Industrial Employment (Standing Orders) Act, 1946; Section 39 of The Industrial Disputes Act, 1947; Section 2(g) of The Central Reserve Police Force Act, 1949; Section 47 of The Army Act, 1950; Sections 17, 23 of The Requisitioning and Acquisition of Immovable Property Act, 1952; Sections 24A and 24B and Section 43 of The Arms Act, 1959; Section 56 of The Children Act, 1960; Sections 5, 7, 68, 84, 93, 95, 96, 166 of The Manipur Land Revenue and Land Reforms Act, 1960; Sections 5, 28J and Sections 129D and 129DA of The Customs Act, 1962; Sections 10M, 13 of The Export (Quality Control and Inspection) Act, 1963; Section 79 of The Punjab Reorganisation Act, 1966; Section 42 of The Unlawful Activities (Prevention) Act, 1967; Section 21 of The Passports Act, 1967; Sections 34, 154 of The Code of Criminal Procedure, 1973; Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; Section 3, 12, 20, 21, 25, 58, 70, 122, 147 of The Delhi Police Act, 1978; Section 14 of The National Security Act, 1980; Section 23 of The Hotel-Receipts Tax Act, 1980; Section 17A of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 13 of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; Section 93 of The Railways Act, 1989; Section 6 of The Foreign Trade (Development and Regulation) Act, 1992; Sections 46, 328 of The New Delhi Municipal Council Act, 1994; Sections 23, 24 of The Chemical Weapons Convention Act, 2000; Section 80 of The Bihar Reorganisation Act, 2000; Section 81 of The Uttar Pradesh Reorganisation Act, 2000; Section 26 of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005; Section 22 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 54 of The Legal Metrology Act, 2009; Section 43 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 86 of The Andhra Pradesh Reorganisation Act, 2014; Section 5 of The Central Goods and Services Tax Act, 2017; Section 45 of The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017; Section 100 of The Industrial Relations Code, 2020].
The setting in which the expression has been used in the concerned Section of the Act would assume significance.
– Hon’ble Justice A.M. Khanwilkar, NKGSB Cooperative Bank Limited v. Subir Chakravarty, [Special Leave Petition (Civil) No. 30240 of 2019].
Also see, M/s. R.D. Jain & Co. v. Capital First Ltd., [Civil Appeal No. 175 of 2022] decided on 27.07.2022.