Appellate And Original Side Rules Of Bombay HC Amended; Additional Powers Given To Judges To Bar Advocates From Appearance [Read Notification]

The Appellate side and Original side rules of the Bombay High Court were amended in exercise of the powers conferred by Section 34(1) of the Advocates Act, 1961. Amendments were made to Schedule VII of Chapter XXXII of the Bombay High Court Appellate Side Rules, 1960 and Appendix VI of the Bombay High Court Original Side Rules, 1980 framed under that section.

These amendments have come into force with effect from October 25, 2018.

“9A. Regulating an advocate’s appearance in courts: An advocate involved in any of the following acts may be barred from appearing before the High Court and any court, tribunal or authority subordinate to it:

(a) Accepting money in the name of a Judge or on the pretext of influencing the judge in the

matter of any court proceeding;

(b) Tampering with any court record or proceedings;

(c) Impeding orderly functioning of court or conduct of court proceedings

(d) Committing any act which tends to scandalize or lower the authority of any court or interfere with or obstruct the administration of justice or behaving unprofessionally and in an unbecoming manner;

(e) depicting unruly behaviour and conducting unprofessionally or in a manner unbecoming of an officer of the Court and;

(f) Appearing in court under the influence of liquor or other intoxicating substance.”

The above has been explained through the following examples-

(i) Any strike resorted to in any court or abstention from work in court by way of protest by an advocate or a group of advocates or any bar association shall be deemed to be an act which impedes orderly functioning of court or conduct of court proceedings and the advocate or advocates indulging in such strike or abstention shall be liable to be proceeded with under this Rule.

(ii) Browbeating and/or abusing the Judge, or

(iii) Circulating or publishing any material concerning the conduct of the Judge in any judicial proceeding or otherwise which tends to shake the confidence reposed by the public in court, shall be treated as falling within that clause;

The amendment gives power to judges to bar an advocate from practising before it or any other courts, tribunals or authorities subordinate to the high court.

The said notification issued by Registrar-General SP Tavade specified that the powers exercisable under Rules 9A to 9D shall be in addition to, and not in derogation of, the powers of the court under the Contempt of Courts Act, 1971, Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 or any other law for the time being in force bearing on the subject matter of these rules.