Lawyer Fails To Wear His Coat, Bombay High Court Takes Exception And Refuses To Hear The Matter

The Bombay High Court on Monday took exception to a lawyer not wearing a jacket along with his band and gown, and simply adjourned the matter to another date.

A division bench comprising Justices AS Gadkari and SG Dige adjourned the case by a week observing, "Advocate for the petitioner is not in the proper dress code. Stand over to 10th July 2023."

According to lawyers present at the time of the hearing, the advocate was wearing a band and gown but not his coat underneath the gown.

According to Bar Council of India’s regulations only lawyers attending subordinate courts are exempted from wearing the coat during summers. This exemption is not applicable to High Courts and the Supreme Court, which are usually air-conditioned.

It may be recalled that last year the Bar Council of India had informed the Allahabad High Court that it has constituted a five-member committee to hold discussions and conduct deliberations with the bar and the judiciary on the issue of dress code for lawyers. The BCI has made this submission responding to a notice issued to it by the High Court on a plea moved before the Court seeking a ban on the existing dress code of black coats.

Under Section 49 (1) (gg) of the Advocates Act, the Bar Council of India is empowered to decide advocates’ attire based on the prevailing climatic conditions.

According to the BCI’s resolution from August 24, 2001 a dress code was established for male and female advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals, or Authorities.

Male advocates are required to wear: A black buttoned up coat, chapkan, achkan, black sherwani and white bands with gown; or A black open breast coat, white collar stiff or, soft, and white bands with gowns. These have to be accompanied with long trousers (white, black striped or grey) or Dhoti, but no jeans.

Female advocates are expected to wear a black full-sleeve jacket or blouse, white collar (stiff or soft), with white bands and an advocate’s gowns. They can also wear a white blouse (with or without collar) with white bands and a black open breast coat.

Sarees or long skirts (white or black or any mellow or subdued color without print or design), flare (white, black, or black striped or grey), or a salwar kameez, churidar kurta or salwar kurta with or without dupatta (white or black), or traditional dress with a black coat and bands are acceptable.

Case Title: Kewal Bhupendra Shah Vs State Of Maharashtra [Criminal Writ Petition No. 1588 Of 2023]

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