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Role of Advocates

Advocates  - It is to be remembered by worthy lawyers that they are the part of the judicial system; they are officers of the Court and are a class apart in the society - Exemplary behaviour from members of noble profession is the expectation from gentlemen lawyers - We expect members of the noble fraternity to respect themselves first - They are an intellectual class of the society -  What may be proper for others may still be improper for them, the expectations from them is to be exemplary to the entire society, then only the dignity of noble profession and judicial system can be protected - Judicial system. #2020 SCeJ 1076 

 

Constitution of India, 1950, Article 32 – Practice and Procedure – Plea of preferential treatment in the case of Arnab Goswami - As to case of Arnab Goswami, it was listed urgently in view of order of competent authority. It pertained to liberty and freedom of media - Covid19. #2020 SCeJ 1076 

 

Constitution of India, 1950, Article 32 – Practice and Procedure – Covid19 - Allegation of discrimination against the Supreme court registry - Considering the ongoing pandemic caused by COVID­19, the Registry of this Court is working with less strength, and because of the facts described above and circumstances, we find that there was no justification for the petitioner to allege discrimination vis­-à-­vis  to him and to favour any particular individual - Writ application filed without due inquiries, and without collecting the requisite material -  Such conduct was least expected of an officer of this Court -  Petitioner ought to have been careful before cast of unnecessary aspersions on the Registry and staff of this Court. #2020 SCeJ 1076 

 

Constitution of India, 1950, Article 32 – Practice and Procedure – Maintainability  of petition - Impleaded the Secretary General, various  Registrars, and officers of the Registry, SCBA, and Union of India in his writ application -  In contrast, Writ is filed against this Court itself -  Impleaded Secretary ­General, Supreme Court of India - He ought to have impleaded the Supreme Court of India in the Writ application through Secretary General -  The omission indicates careless conduct on the part of the petitioner - Petition filed could not be said to be maintainable. #2020 SCeJ 1076  

 

(v) Constitution of India, 1950, Article 32 – Practice and Procedure – Role of Advocates – Allegations against registry - Removal of defects -   We see, in general, it has become a widespread practice to blame the Registry for no good reasons -   To err is human, as many petitions are filed with defects, and defects are not cured for years together -   A large number of such cases were listed in the recent past before the Court for removal of defects which were pending for years -   In such situation, when the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system -  Take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons -   It is to be remembered by worthy lawyers that they are the part of the judicial system; they are officers of the Court and are a class apart in the society -  Exemplary behaviour from members of noble profession is the expectation from gentlemen lawyers - We expect members of the noble fraternity to respect themselves first - They are an intellectual class of the society -  What may be proper for others may still be improper for them, the expectations from them is to be exemplary to the entire society, then only the dignity of noble profession and judicial system can be protected -  The Registry is nothing but an arm of this Court and an extension of its dignity - Bar is equally respected and responsible part of the integral system, Registry is part and parcel of the system, and the system has to work in tandem and mutual reverence -  We also expect from the Registry to work efficiently and effectively - At the same time, it is expected of the lawyers also to remove the defects effectively and not to unnecessarily cast aspersions on the system. #2020 SCeJ 1076 

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Comments: 2
  • #1

    Satinder Kaur (ADV) (Saturday, 11 July 2020 08:28)

    Dispensation of Justice is a Constitutional right and this is first time In developed democratic systems our , lawyers have inherent expectations from the decisions making functionaries of of Hon’ble Apex Court to callupon cyber scientists to updates the court system which will be workings with fewer number of people having trained withdafety precautions how to work with during pandemic . Although judicial systems re running on net but we very important time in the first 45 days of lockdown emergency measures could not be adopted which is requirement . We need harmony and cooperation between bench and bars to work under any circumstances for people of our country .

  • #2

    sandeep suri (Saturday, 11 July 2020 08:32)

    Absolutely.... the larger public interest vis a vis the the justice delivery system both qua the working of the courts and the safety of the employees/ advocates etc. requires a harmonious understanding by all concerned...