IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Hardik Kapoor - Appellant
Versus
Bar Council of India - Respondent
W.P.(C) 16534 of 2022 and CM Appls. 51932 of 2022, 51979 of 2022
Decided On : 01-12-2022
| Table of Content |
|---|
| 1. challenge to dress code for interns (Para 2 , 3) |
| 2. arguments about authority and precedent (Para 4 , 5) |
| 3. need for consistent intern dress code (Para 6 , 7 , 8) |
| 4. meeting to discuss intern dress code (Para 9 , 10 , 11 , 12) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present writ petition has been filed on behalf of the Petitioner - 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 has resolved that interns have 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. Ld. counsel for the Petitioner submits that the Shahdara Bar Association does not have the power to issue such a circular. He also relies on the Rule 27 of Rules of Legal Education, 2008 which specify formal dress code for interns:
"27 Formal Dress Code during internship: Students placed under internship or in moot court exercise shall have formal dress of legal professional in pupilage as follows:
(For all) White/Black trouser, white shirt, black tie, black coat, black shoe and black socks. When students have problems of getting the entire formal dress for any reason, they have to have a white trouser, full sleeve shirt to be tucked in and covered shoe.
(Optional for Girl students) Black printed sharee, with white full sleeve blouse and covered black shoe or Lawyer's Suit with black covered shoe. The Organization or Advocate under whom the internee is placed is required to follow suitable dress code."
5. Ld. counsel for the Respondent No.1 - Bar Council of India points out that in a similar situation in W.P.(C) 9542/2018 titled Kunwar Gangesh Singh & Ors. v. Bar Council of India & Ors. vide order dated 12th September, 2018, ld. Single Judge of this Court had set aside the notice issued by the Rohini Court Bar Association which had directed interns not to wear black coats.
6. Mr. Mohit Mathur, President Delhi High Court Bar Association, who is present in Court, upon being queried, submits that insofar as the interns are concerned they ought to be also distinguishable from the litigants.
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
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