Madras High Court Reserves Decision On Plea Challenging Order Asking Lawyers To Wear Gowns Before NCLT Benches

The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq heard the party-in-person advocate R Rajesh, and reserved the matter.

Earlier, a bench of Justice K Ravichandrabaabu (since retired) and Justice TS Sivagnanam had ordered an interim stay on the operation of the order holding it to be in conflict with the Rules of the Bar Council of India which make wearing of gowns mandatory for an advocate only in case she or he is appearing in the Supreme Court or the high courts.

Today, the court heard the party-in-person and Advocate S.R. Raghunathan, who represented the Bar Council of India. The bar council supported the petitioner's prayer.

The petitioner has contended that the impugned order issued by the Registrar is ultra vires and should be quashed as illegal, arbitrary and devoid of any merit. He submitted that the NCLT does not have the jurisdiction to insist on advocates wearing gowns while appearing before NCLT.

He further said that even after the order of interim stay, the Registrar had issued another order making it mandatory for advocates to wear a gown while appearing before the NCLT bench at Delhi. After coming to know of the new order, the petitioner had sent a contempt notice to the Registrar following which the order was withdrawn and taken back. 

The court orally remarked that the interim order granting a stay on the operation of the impugned order should hold good, and reserved the matter for final orders.

Case Title: R Rajesh v Union of India and others

Case No: WP No. 31852 of 2017