Advocate Moves Kerala HC For Exemption From Wearing Black Coat In Lower Courts In Summer [Read Petition]

An advocate has approached the High Court of Kerala by way of a writ petition after a District Judge refused to hear him for not wearing black coat while appearing in a case.

Advocate Deepak J M, the petitioner,  was wearing a white shirt with black tie and black trousers while appearing for a client in a case. This attire was objected to by Additional District Judge-I, Thiruvananthpauram as contrary to the dress code prescribed for advocates. 

In response, Adv.Deepak pointed out that the Bar Council of India had changed the dress code for lawyers as per circular number 6/2002 issued on January 25, 2002, which said that wearing of black coat is not necessary while appearing in Courts other than Supreme Court and High Courts during summer. He further pointed out that this amendment was approved by Chief Justice of India on January 12, 2001.

The BCI on February 24, 2002 had clarified that except in Supreme Court and High Courts, wearing black coat is not mandatory during summer and that the advocates may appear in white shirt with black or striped or grey pant with black tie or band and collar, he submitted before the Judge.

However, referring to Rule 12 of the Kerala High Court Rules regarding condition of practice of advocates, the Additional District Judge passed an administrative order refusing to hear him.

Rule 12, framed in 1961, does not refer to any such exemption from wearing black coat during summer, and mandates the wearing of black coat and gown while appearing in courts. 

In this backdrop, Deepak filed a writ petition in the High Court of Kerala challenging the order passed by the District Judge and also seeking permission to appear in lower courts without black coat during summer season.

"It can be seen Kerala is hit by unprecedented heat during this summer season. Most of our lower courts are not having sufficient facilities more particularly sufficient space to accommodate the lawyers as well as the clients appearing before the court. There are many courts where even fans are not working which make the work of a lawyer miserable. Added to the same is the wearing of coats and gown which is like applying salt to the wound", said the petition filed through Advocate R Sunil Kumar.

He has also sought for a direction to change Rule 12 in tune with the Bar Council rules.

The High Court of Kerala(on its administrative side), Bar Council of India and Bar Council of Kerala are made respondents in the petition.

Considering the petition for admission yesterday,  the High Court issued notice to the respondents.

Read Petition