WHO ARE THE PEOPLE PRESENT IN INDIAN COURTS?

 

WHO ARE THE PEOPLE PRESENT IN INDIAN COURTS?

Author 

Sidhant Malik, Advocate

Supreme Court of India

Mob:+91 7011490440 

In India, individuals of all socioeconomic statuses may find themselves involved in court proceedings. It is crucial for them to understand the roles of those present in the courtroom, including who to approach regarding their case and to whom the judicial officer is delivering orders etc.

This article aims to elucidate the various roles and functions of courtroom personnel in India, providing clarity on the terminology and responsibilities of these individuals.

  

TERMINOLOGY:

1.       Judge/Judicial Officer

2.       Advocate/Attorney

3.       Amicus Curiae

4.       Plaintiff/Petitioner/Complainant

5.       Defendant/Respondent/Accused

6.       Ahlmad

7.       Reader

8.       Stenographer

9.       Nazir

10.      Orderly

11.      Naib Court

12.      Bailiff

 

ROLES AND RESPONSIBILITIES:

1.       Judge/Judicial Officer: Preside over court proceedings and make decisions in legal cases.

§  In the Supreme Court: Justices, including the Chief Justice of India.

§  In High Courts: Judges, led by the Chief Justice of the respective High Court.

§  In District Courts: District Judges (or Additional District Judges), and in lower courts, Civil Judges or Magistrates.

2.     Advocate/Attorney: Represent clients in court, arguing their cases.

§  Senior Advocates: Lawyers designated by the courts as per the procedure laid by the Hon’ble Supreme Court.

§  Advocates-on-Record: Lawyers who are authorized to file cases in the Supreme Court.

§  Public Prosecutors (PP): Represent the government in criminal cases.

§ Defense Lawyers: Defend individuals accused of crimes.

 

3.  Amicus Curiae: It is latin term which translates to "friend of the court," refers to a person or organization that is not a party to a case but is permitted to offer information, expertise, or insights relevant to the case.

This input can assist the court in making a more informed decision. Amicus curiae briefs are often filed in appellate courts to provide additional perspectives on legal or policy issues.

4.  Plaintiff/Petitioner/Complainant:

    In civil cases, the plaintiff or petitioner is the person or party who brings the case to court, seeking legal relief or compensation, whereas Complainant is the party, who seeks his legal remedy in criminal trial.

    In Delhi District Courts, the Plaintiff/Petitioner/Complainant typically stands on the left side of the Court on the other hand the Defendant/Respondent/Accused stands on the right side of the Court. However, it becomes opposite, when it comes to Delhi High Court in terms of positing of the parties.

5. Defendant/Respondent/Accused: 

    In civil cases, the defendant/Respondent is the individual or entity being sued by the plaintiff. They are responding to the allegations made by the plaintiff and are responsible for defending themselves against the claims. For instance, in family law matters, such as divorce proceedings, the party who responds to the petition is called the respondent. Further, the term Accused refers to an individual who has been formally charged with a crime. This person is alleged to have committed a criminal offense and is facing prosecution in a criminal case.

6.   Ahlmad:

An Ahlmad is a court official, who would be located in Ahlmad room of the particular court room. Ahlmad is responsible for maintaining and managing court records and case files. The role is primarily clerical, and the duties include:

§  Custody of Case Files: The Ahlmad is responsible for keeping and maintaining all documents and files related to ongoing and past cases in the court.

§  Organizing Case Records: Ensures that case files are properly organized, indexed, and easily accessible for court proceedings, making summons and sending the same.

§  Maintaining the Court Diary: The Ahlmad keeps the court diary, which records the daily schedule of hearings, including which cases are listed on which dates.

§  Assisting the Judge: The Ahlmad assists the judge in locating case files and ensuring that all necessary documents are present in court during hearings.

 

7.       Reader:

A Reader is a court staff member, who stands/sits besides the judge and is responsible for assisting the judge with clerical tasks, particularly related to reading and handling court documents. The role of the Reader includes:

§ Reading Court Documents: The Reader assists the judge by reading out documents, petitions, or orders during the court proceedings, ensuring the judge has all necessary information without having to physically review each document.

§  Managing Case Files: Similar to an Ahlmad, the Reader helps with the organization and presentation of case files, making sure that the judge has access to all relevant materials during hearings.

§   Assisting in Court Proceedings: The Reader supports the judge by retrieving case files, presenting evidence or exhibits, and performing other administrative duties as needed.

 

8.  Stenographer:

A Stenographer is a professional responsible for transcribing spoken words during court proceedings into written form using shorthand or stenography equipment.

The role of a stenographer is crucial for maintaining an accurate, detailed record of everything said during a trial or hearing.

Key responsibilities include:

§ Recording Court Proceedings: Stenographers use shorthand methods to capture all verbal exchanges in the courtroom, including testimony, lawyer arguments, and judicial orders.

§  Transcribing Testimonies: After the proceedings, the stenographer may convert the shorthand notes into a full written transcript, which serves as the official record of the case.

§  Providing Real-Time Transcripts: In some courts, stenographers provide real-time transcription, displaying the spoken words on a screen as they are being typed, allowing judges and lawyers to follow along more closely.

9.       Nazir:

a Nazir is a court official responsible for executing certain administrative and judicial tasks, particularly those related to managing the court's financial matters and executing court orders. The specific duties of a Nazir may include:

§  Custody of Court Funds: The Nazir handles money deposited in the court, such as fines, deposits, and other financial matters related to court cases.

§  Execution of Court Orders: This can involve serving notices, delivering summons, or executing warrants and orders for attachment or auction of property.

§  Managing Auctions and Seizures: The Nazir may oversee the auctioning of property seized under court orders and ensure that the proceedings are conducted according to legal guidelines.

§  Maintaining Records: The Nazir keeps records of the execution of court orders, financial transactions, and other related tasks.

10.   Orderly:

An Orderly is typically a court staff member or attendant assigned to assist judges and other court officials in maintaining order and ensuring smooth court proceedings. The orderly performs various tasks, such as:

§ Maintaining Order in the Courtroom: Ensures that the courtroom environment remains orderly and quiet during proceedings.

§  Assisting the Judge: The orderly may assist the judge by carrying files, passing documents, or helping with any non-legal tasks that the judge might need during the session.

§  Calling out matters: Responsible for calling out matters, so that the parties/litigants waiting outside the court room can hear their matters.

§  Handling Administrative Tasks: The orderly may also perform small clerical duties, such as delivering messages or assisting with courtroom setup.

11.      Naib Court:

The Naib Court is a police official in the criminal court rooms, who would be in civil uniform. Additionally, Naib Court assists the judge by maintaining court records, sending documents to Police stations, marking attendance of the Investigations Officers, preparing case summaries, and handling clerical tasks related to criminal proceedings.

 

12.      Bailiff:

The bailiff is an official of court who plays a crucial role in ensuring that court orders are executed effectively and in accordance with the law. 

§  Executing Court Orders: The bailiff is responsible for carrying out various court orders, such as executing judgments or ensuring the enforcement of legal decisions. This can include seizing property, conducting auctions, or enforcing evictions as directed by the court.

§   Handling Property: If a court order involves the seizure of property, the bailiff manages this process, ensuring that the property is handled and stored properly until further court action is taken.

§   Serving Legal Documents: The bailiff may serve legal documents such as writs, summons, or subpoenas related to the execution of court orders.

§   Conducting Court Auctions: In cases where property is to be sold to satisfy a judgment, the bailiff oversees and conducts the auction process, ensuring it is carried out according to legal requirements.

§    Enforcing Evictions: When a court order requires the eviction of a tenant or occupant, the bailiff manages the process, ensuring that the eviction is carried out lawfully and with due respect for legal procedures.

§   Maintaining Records: The bailiff keeps detailed records of the actions taken in executing court orders, including documentation of property seized, actions performed, and any relevant interactions.

 

Conclusion:

The various staff members of the court each play a critical role in ensuring the efficient operation of judicial proceedings. Each individual fulfills distinct responsibilities, contributing to the orderly conduct of court activities and the adjudication of cases. The collective efforts of these court officials, including judges, clerks, bailiffs, stenographers, and other personnel, are integral to the seamless administration of justice. Their specialized duties not only facilitate the smooth progression of legal processes but also support the fair and accurate resolution of cases, underscoring their essential role in the judiciary system.