Bombay High Court Directs Bar Council Of Maharashtra & Goa To Take Action Against Lawyer Who Appeared Without Band, Gown

The Bombay High Court recently directed the Bar Council of Maharashtra and Goa (BCMG) to take action against Advocate Jagdish M. Ahuja for appearing in court without the prescribed attire of bands and Advocate's Gown.

Justice Prithviraj K Chavan noted in his order –

“He is not in proper attire, in the sense, he is without bands and Advocate's Gown as prescribed by the Rules. The Bar Council of Maharashtra and Goa shall initiate appropriate action against him.”

The case, a criminal writ petition filed in 2018, was not listed on the board and was taken up after being mentioned by the advocate. The court noted that Advocate Ahuja, enrolled with BCMG, had failed to adhere to the mandatory dress code for advocates as stipulated by the rules.

Section 49(1)(gg) of the Advocates Act empowers the Bar Council of India (BCI) to regulate advocates' attire based on prevailing climatic conditions. The BCI, through a resolution dated August 24, 2001, has established a dress code specifying attire for male and female advocates appearing in various courts and tribunals.

As per the BCI's resolution, male advocates are required to wear either a black buttoned-up coat, chapkan, achkan, or black sherwani with white bands and gown, or a black open breast coat with a 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, a 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 colour 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.

Last month, a writ petition was filed in the Supreme Court seeking directions to amend rules under the Advocate Act, 1961, to exempt advocates from wearing traditional black coats and gowns during summer months. The petition emphasizes concerns about the health and work capacity of advocates due to the discomfort caused by wearing warm attire in high temperatures.

In 2022, BCI informed the Allahabad High Court about forming a committee to deliberate on the issue of dress codes following a plea seeking a ban on black coats.

Case no. – Criminal Writ Petition No. 4849 of 2018

Case Title – KN Surendran Pillai v. State of Maharashtra & Ors.