SHOULD ADVOCATES REMAIN ‘ON THEIR LEGS’ WHILE ADDRESSING COURTS, DECIDES BCI

INTRODUCTION:

Should the Advocates remain ‘on their legs’ while addressing the Court? The ‘Full House’ of Bar Council of India had taken a decision in this regard.

Hariom Jindal, an advocate who had been practicing in the district courts in Ludhiana, had approached the National Human Rights Commission against the practice on highlighting the fact that there is no rule mandating advocates to remain standing while appearing in a court of law.

NATIONAL HUMAN RIGHTS COMMISSION:

The National Human Rights Commission, on taking a note of his complaint, which was forwarded to the Bar Council of India to look into the grievances which was raised by him and to take an appropriate action based on merits.

In response to the query of RTI, the Bar Council of India has now informed him that it’s the ‘Full House’ will be considering the issue as it is a ‘Policy Matter’. The letter stated that the matter will be placed before the General Council.

According to Jindal, there is no difference in the basic qualification of the Judges and Advocates, and also some advocates are more senior in the profession than the Judges. The BCI, in response to his earlier RTI query, had informed that the rules were silent on the issue which was raised by him.

In his complaint before the National Human Rights Commission, he stated that there had been a continuous deterioration in the manner of treating advocates by the Public servants, including the judges, in courts and from the information they obtained through various authorities.

CONCLUSION:

It is clear that there is no rule that mandates the advocates to remain in standing position to address the court. According to the Lawyer, the issue pertains to the dignity and honour of every advocate.

By-

Vijayalakshmi Raju

Student Reporter, INBA