Question

An advocate who practices in the Court of any Magistrate ____.

• A. may sit as a Magistrate in that Court
• B. may sit as a Magistrate in any Court within the local jurisdiction of that Court
• C. may sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court with special permission of High Court
• D. shall not sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court

Hint:

Conflict of interest rules strictly prohibit advocates from exercising judicial powers in courts where they regularly practice.

Answer 1

The Correct Option is D

Step 1: Understanding the rule of disqualification.
The law seeks to ensure impartiality and avoid conflict of interest in judicial proceedings. An advocate practicing in a particular court is closely connected with that court’s functioning.
Step 2: Statutory prohibition.
The criminal procedural law expressly bars an advocate from acting as a Magistrate in the same court or within its local jurisdiction where he practices, to maintain judicial neutrality and public confidence.
Step 3: Examination of options.
Options (A), (B), and (C) incorrectly permit such appointment in varying degrees. The law imposes an absolute prohibition without exception.
Step 4: Conclusion.
Therefore, the correct answer is (D) shall not sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.