Live Law: New Delhi: Tuesday, July 03, 2018.
In legal
language, an advocate is said to be “on his/ her legs” when appearing in a
court of law.
However, this
practice of advocates being on their legs while arguing at the Bench left an
advocate from Ludhiana wondering if there were any rules calling for such a
practice which, to him, amounted to inhuman treatment of advocates.
Hariom
Jindal, an advocate practicing in district courts in Ludhiana, has filed
various RTI applications before the Supreme Court of India in this regard and
the response revealed there was no rule mandating advocates to remain standing
while appearing in a court of law.
He then wrote
to the National Human Rights Commission (NHRC) which has now asked the Bar
Council of India to look into the grievances raised by Jindal and take appropriate
action on merits.
Jindal, who
has been honoured with a state award for his social work in the field of
education of children living in the slums, said, “There is no difference in the
basic qualification of judges and advocates. The age of advocates practicing in
different courts in India ranges from early 20 to above 90 years. Some advocates
are senior citizens of India,”.
On August 29,
2017, he moved an RTI application to the CPIO, Supreme Court of India, asking
about the rule that mandates advocates to remain in standing position while
addressing the court.
His plea was
transferred to the BCI which informed that the rules were silent on the issue
raised by him.
On January 1,
2018, he moved another RTI application before the CPIO, Supreme Court of India,
once again inquiring about the rule that mandates advocates to remain in a
standing position while addressing the court.
On January
24, 2018, it was informed by the CPIO that no further information on the part
of CPIO, Supreme Court of India, is called for.
Jindal said
there has been continuous deterioration in the manner of treating advocates by
public servants, including the judges, in courts and from the information
obtained through various authorities, it is clear that there is no rule that
mandates advocates to remain in standing position to address the court.
The
complainant further mentioned that the advocates are not criminals and only
represent the litigants to protect the interest of the innocent so that they do
not suffer any punishment due to ignorance of the law or from any kind of
exploitation.
He then urged
the NHRC to get the matter inquired in view of the information received by him
saying the issue pertains to the dignity and honour of every advocate.
“The
commission has carefully examined the contents of the complaint which is based
on several queries made by the complainant under the RTI Act with several
authorities, including the Supreme Court of India.
“The
Commission finds it appropriate to forward the complaint in original to the Bar
Council of India to look into the grievances raised by the complainant and take
appropriate action on merits under intimation to the complainant,” said the
NHRC in its order.
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