Lawyer Present In Court Sends Illness Slip Seeking Adjournment: Allahabad HC Directs To Inform Bar Association About Members' 'Unfair Practice'

Noting the circumstances under which the illness slip was sent, the Bench of Justice Jaspreet Singh called him before the Court and a specific query was put to him as to whether he was appearing in the matter before the Court.

In response to this, he submitted that he does appear in the matter and added that though he had come to the Court, since he was having a headache, therefore, he had sent an illness slip.

Noting this response of the Counsel, the Court remarked thus:

"This act of Sri Chandra Has Mishra (the advocate) is deprecated and it is absolutely unacceptable that once a counsel is present in the Court he ought not to have sent an illness slip, such practice cannot be accepted."

If at all the counsel for the petitioner was not well, the Court further added, he could himself had stood up and informed the Court rather to have sent an illness slip in the morning and remain in the Court premises throughout the day.

Even the counsel for the respondent raised an objection to this act of the Counsel for the petitioner

The Court, in its order, noted that the Counsel remained unapologetic and made submissions to justify his conduct which is not acceptable to the Court.

However, the Court did adjourn the matter as the Counsel was reluctant to argue and made it clear that no further adjournment shall be granted to either of the parties.

Importantly, the Court directed that the copy of the order be forwarded to the Chairman of the Elders Committee of the Oudh Bar Association to inform the Committee how the members of the Bar are behaving and indulging in such unfair practice.