Lawyer Arguing Sitting In Car: "This Is Not 'Drawing Room', Strictly Adhere To Dress Code": Allahabad HC Directs Framing Of 'Do's & Don'ts' For Lawyers

Update: 2021-07-04 15:06 GMT
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Pulling up a lawyer who, while sitting in the car, was trying to argue the case from the car itself, the Allahabad High Court directed the Registrar General, High Court to frame a set of rules for 'do's and don'ts' for the lawyers while addressing the Courts.The order by the bench of Justice Rahul Chaturvedi comes days after the office bearers of the Bar Associations of the High Court were...

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Pulling up a lawyer who, while sitting in the car, was trying to argue the case from the car itself, the Allahabad High Court directed the Registrar General, High Court to frame a set of rules for 'do's and don'ts' for the lawyers while addressing the Courts.

The order by the bench of Justice Rahul Chaturvedi comes days after the office bearers of the Bar Associations of the High Court were asked to advise their members, not to adopt any casual approach while appearing before this Court through virtual mode which may cause hurdles in the administration of justice.

The Court expressed its shock when the learned counsel for a bail applicant while sitting in a car, wanted to address the Court on the merits of the case and remarked:

"The lawyers must bear in their mind that they are participating in a solemn proceeding before the courts and not sitting in their drawing rooms or passing leisurely time."

The Court also took note of the fact that various Courts have already taken an exception to such type of practice, however, the Court added, it seems that learned counsels are not attaching any credence to the same. 

Deploring and deprecating "such type of non-serious approach by the lawyers", the High Court remarked that the liberty granted by the High Court administration must not be misused by the learned counsels.

The Court also noted:

"During the lock-down period, which is an extraordinary situation in one's lifetime, the administration of the High Court, as an exception has already loosen the regimentation to the Bench and the Bar both. Learned counsels were given liberty to address the Courts while sitting at their workplaces or the chambers or from their places of residence. Nonetheless, they are addressing the Courts, of which certain set of rules, procedures, dress code is prescribed."

Thus, the Registrar General, High Court was directed to frame a set of rules for 'do's and don'ts' for the lawyers while addressing the Courts, within the next 48 hours, about their dress-code, ways and the manner by which they would participate in the court proceedings and circulate it through a proper notification in the cause list or any other effective mode.

The lawyers have been 'requested to strictly adhere to the same as the Court said that any deviation from these proposed rules and procedures shall have penal consequences.

The Court also made it clear that the rules to be framed would be only to cope up with the prevailing emergent situation in the law courts and to ease the rigors of formal dress code for the lawyers. 

Lastly, the Registrar General was directed to circulate the copy of the rules to all the bar associations in the district for its strict adherence.

Related news

The Bombay High Court (Nagpur Bench) recently deferred the final hearing in a matter noting that the counsel for the petitioner, assisting the Senior Advocate though visible on screen but, was not wearing Advocates' Uniform.

the Allahabad High Court has directed the office bearers of the Bar Associations of the High Court to advise their members, not to adopt any casual approach while appearing before this Court through virtual mode which may cause hurdles in the administration of justice.

The Patna High Court recently refused to take notice of the appearance of the learned APP in a criminal matter as he was not attired in proper uniform.

The Bench of Justice Madhuresh Prasad said that the Court "could not take notice" of APP's appearance as he was not in proper uniform.

The Allahabad High Court last week declined to hear an advocate appearing in a matter as he was riding a scooter while appearing before the Court through Video Conferencing mode.

The Orissa High Court in February this year imposed Rs. 500 fine on an advocate who was not wearing a Neck Band while arguing before the Court in virtual mode.

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