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2023 Supreme(Del) 1075

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Hardik Kapoor – Appellant
Versus
Bar Council of India & Ors. – Respondents
W.P.(C) 16534 of 2022 & CM APPLs. 51932 of 2022, 51979 of 2022
Decided On : 23-02-2023

Advocates appeared:
Mr. Ujwal Ghai, Mr. Shivek Rai Kapoor, Mr. Sanchit Saini, Mr. Arpit Sharma & Mr. Bhanu Malhotra, Advocates, for the Petitioner.
Mr Sunil K. Kalra, Advocate, for the Respondent-3.
Mr. Ajay Kumar Aggarwal, Advocate, for the BCD.
Mr. Preet Pal Singh, Mr. Saurabh Sharma & Mr. Shivam Sachdeva, Advocates, for the Respondents.

The main legal point established is the clarification of the uniform dress code for advocates and interns entering court premises, based on the relevant provisions of the Advocates Act, 1961 and Rules of Legal Education, 2008.

Headnote:

Dress Code - Legal Profession - Advocates Act, 1961, Section 49 - Rules of Legal Education, 2008 - The court discussed the conflict between the dress code prescribed by the Shahdara Bar Association and the Bar Council of Delhi, and the relevant provisions of the Advocates Act, 1961 and Rules of Legal Education, 2008. It clarified that the uniform for advocates appearing before any courts should be white bands, while interns can enter court complexes with a different dress code, in consonance with Rule 27 of the Rules of Legal Education, 2008.

Fact of the Case:

The petition challenged a notice/circular by the Shahdara Bar Association prescribing a dress code for law interns entering the Karkardooma Court Complex.

Finding of the Court:

The court directed a meeting of all Bar Associations and stakeholders to arrive at a consensus on the uniform dress code for interns, and stayed the operation of the impugned notice/circular. It clarified the uniform dress code for advocates and interns based on the relevant legal provisions.

Issues: Conflict between the dress code prescribed by the Shahdara Bar Association and the Bar Council of Delhi, and the need for a uniform dress code for interns entering court premises.

Ratio Decidendi: The court clarified the uniform dress code for advocates and interns based on the relevant legal provisions, and directed a consensus to be arrived at by all Bar Associations and stakeholders.

Final Decision: The impugned circular of the Shahdara Bar Association was held to be superseded by the uniform dress code prescribed by the Bar Council of Delhi, to be followed uniformly across Delhi.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. In the last two decades or so, the legal profession has undergone a drastic change. Court complexes are now no longer visited by lawyers and litigants alone but also a large segment of students who work as interns and researchers who assist lawyers and judges. The present petition has been filed by one law student who is stated to be working as an intern - Hardik Kapoor who is a second year law student pursuing LLB challenging the impugned notice/circular dated 24th November, 2022 issued by Hon'ble Secretary Shahdara Bar Association, Karkardooma Court Complex, Delhi.

3. As per the said impugned notice/circular, the Shahdara Bar Association resolved that interns ought to wear white shirt, blue coat and trousers to enter the Karkardooma Court Complex. The impugned notice/circular reads as under:

    "All the members of SBA Regd. are hereby informed that the interns are appearing in the courts wearing black coats and many times it is difficult to differentiate between the advocates and interns. It is unanimously decided by the executive committee that there shall be a dress code for the interns i.e. white shirt and blue coat and trousers. Hence all the members of the bar are requested to instruct their interns to wear white short and blue coat and trousers w.e.f. 01.12.2022.

    Thereafter, if interns will be found wearing black coat and trousers, then they will not be allowed to appear in the courts. The members are requested to co-operate"

4. The above circular issued by the Shahdara Bar Association is under challenge in the present writ petition. Various grounds were raised challenging the said circular when the matter was heard on 1st December, 2022. Reliance was placed upon Rule 27 of the Rules of Legal Education, 2008 and an Order passed by a ld. Single Judge in W.P.(C) 9542/2018 titled `Kunwar Gangesh Singh & Ors. v. Bar Council of India & Ors.'. After hearing counsels for the parties, this Court directed as under:

    "7. This Court is of the opinion that considering the large number of interns who visit the premises of the District Courts in Delhi and the Delhi High Court, a uniform policy on the dress code for interns, ought to be arrived at by consensus of all the concerned stakeholders. As of today only the Shahdara Bar Association has issued a circular changing the dress code. This would in effect mean that an intern attending proceedings in multiple courts including trial courts and High Court would have to wear different coloured coats in the various fora. A consistent uniform should be prescribed for interns all across Delhi, inasmuch as if different bar associations start prescribing different uniforms, interns would be inconvenienced.

    8. Accordingly, let a meeting of all the Bar Associations and other stake holders be called by Mr. Murari Tiwari, Chairman Bar Council of Delhi to evolve a consensus as to what should be the uniform that interns should wear for entering the various Court premises. The question as to whether there is a need to change the dress code for interns shall also be considered. Consensus shall be arrived at bearing in mind Rule 27 of the Rules of Legal Education, 2008.

    9. The meeting to be called by the Chairman Bar Council of Delhi be held on 12th December, 2022 at 4:00 p.m. at a venue which may be notified by him. The Bar Council of India's representative would also be invited for the said meeting.

    10. In the meantime, the operation of the impugned notice/circular shall remain stayed."

5. In addition to the Bar Council of India, notice was also issued to Shahdara Bar Association and the Bar Council of Delhi (hereinafter `BCD').

6. The BCI, BCD as also the Shahdara Bar Association have appeared today. On behalf of the Shahdara Bar Association-Mr. Sunil K. Kalra, ld. Counsel has vehemently submitted that there is a conflict between the uniform prescribed for advocates under the Rules prescribed by the Bar Council of

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