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2001 Supreme(Raj) 186

Rajasthan High Court, Jaipur Bench
Honble R.R. YADAV, J.
Ranveer Singh - Appellant
Versus
State of Rajasthan - Respondents
S.B. Cr. Misc. Bail App. No. 795 of 2001
Decided On : February 20, 2001

Advocates Appeared:
Ved Pal Shastri and Dharamveer Tholia, for Applicant S.S. Rathore, Public Prosecutor P.C. Jain, Amicus Curiae S.K. Gupta and R.K. Mathur, for assisting the Court Karni Ola, Vice-President, Raj. High Court Bar Association, Jaipur

Headnote:Rajasthan High Court Rules, 1952, Rule 439 and Advocates Act, 1961, Section 49(1)(gg) – Dress of Advocates – Whether an Advocate wearing `Dhoti is entitled to appear in Court as an Advocate of a party? – Held – An Advocate is entitled to appear before the Court wearing `Dhoti as prescribed under the statutory rules framed by the Bar Council of India in exercise of its powers conferred u/Sec.49(1)(gg) of the Act of 1961 with the approval of Honble Chief Justice of India – The Rules framed by the Rajasthan High Court relating to dress of Advocate u/Rule 439 of the Rules of 1952 being general Rules become redundant and inoperative – The Rules framed by Bar Council of India being special rules would prevail over the rules framed by Rajasthan High Court. (Paras 20 to 23)

       The Rule 493 of the High Court of Judicature for Rajasthan Rules, 1952, Rule 491 of General Rules (Civil), and Rule 46 of General Rules (Criminal), are general rules, framed by the High Court, in exercise of its general rule making power, whereas, the rules framed by the Bar Council of India, in exercise of its power, under clause (gg) of sub-sec. (1) of Sec.49 of Advocates Act are special rules, therefore, special Rules framed by Bar Council of India, relating to dress of Advocates either appearing in Supreme Court or in High Court or before the subordinate courts, tribunals or authorities would prevail over the aforesaid Rules framed by High Court of Rajasthan. (Para 20)

       I am fortified in taking the aforesaid view from the mandatory provisions envisaged under sub-section (2) of Section 59 of the Advocates Act, 1961, brought to my notice by Shri S.K. Gupta, member of the Bar Council of Rajasthan, and it is submitted that only prior to framing of the rules relating to dress of Advocates by Bar Council of India with approval of Chief Justice of India, the existing rules in force made by High Court shall continue in operation but after alteration, repeal or amendment made by the Bar Council of India with prior approval of Chief Justice of India, Rule 439 of the Rules of High Court, Rule 491 of General Rules (Civil) 1986 and Rule 46 of General Rules (Criminal) 1980 become inoperative and redundant. (Para 21)

       The learned counsel for the accused-applicant, Shri Ved Pal Shastri, succeeded to demonstrate before me that he is entitled to appear before this Court, wearing `Dhoti as prescribed under the statutory rules framed by the Bar Council of India in exercise of its powers conferred under clause (gg) sub-section (1) of Section 49 of the Act of 1961, with approval of Chief Justice of India, and the rules made by High Court of Rajasthan, relating to dress of Advocates, appearing before Subordinate Courts or appearing before High Court of Judicature for Rajasthan at Jodhpur Principal Seat and Jaipur Bench, become redundant and inoperative. The Advocates, practising in State of Rajasthan, while appearing before subordinate courts tribunals, authorities or in the High Court, are to wear the dress, prescribed by the Bar Council of India with approval of Chief Justice of India, quoted in extenso, in paragraph-16 of this order. Now, wearing of gowns by Advocates, is made optional, except when appearing in the Supreme Court, or in the High Court. Under Rule 439 of the Rules of the Court, suspension of wearing of gowns by Advocates, in the summer season, in the High Court of Judicature for Rajasthan, is impermissible and the Advocates are under legal obligation to appear before the High Court, wearing Advocates gowns, to get right of audience. (Para 23)

Honble YADAV, J.–In the present bail application, the Court is called upon to decide at first instance as to whether Shri Ved Pal Shastri, Advocate, appearing on behalf of the accused- applicant, is entitled to be given audience as an Advocate, wearing `Dhoti.

(2). It is to be observed at the outset that after liquidating ego, with sense of divinity, the members of Bar and Bench both are to act as role model upholding the supremacy of rule of law. This Court can neither afford craving for particular dress by Advocates against the statutory provisions prescribed under law, while giving audience in a case, nor it can afford aversion of wearing `Dhoti by an Advocate, while addressing the Court, if statutory Rules relating to dress of Advocates prescribed Dhoti as sober dress. The only concern of this Court, is to see that the Court must act and function in clean ambience of law, detaining the confidence of general public at large and litigant public in particular that supremacy of rule of law is maintained in courts of law, with poor and rich high and low men of status and rank alike with even handed and no one whosoever he may be is treated above the rule of law.

(3). Courts or Tribunals, before allowing a person to argue a case on behalf of other, are to be objectively satisfied that person appearing in a case on behalf of other person, is enrolled as a Senior Advocate or an as Advocate, in the roll of the Bar Council of the State and is also wearing prescribed proper sober dress.

(4). The controversy involved in the present bail application at the first instance gravities and centres round the wearing of Dhoti by the advocate of accused-applicant, therefore, I would like to confine my discussion only relating to dress of Advocates while appearing in Courts or Tribunal.

(5). In State of Rajasthan, provisions are made by the High Court of Judicature for Rajasthan in exercise of its general rule making power under Article 225 and 227 of the Constitution, along with rules relating to dress of advocates which deserves to be mentioned in brief for effective adjudication of the controversy involved. The Rajasthan High Court, in exercise of the general rule making power, conferred under Article 227 of the Constitution and all other powers enabling it in that behalf and with the approval of the Governor of Rajasthan, has made General Rules (Civil), 1986, wherein, u/Rule 491, court- dresses for officers and lawyers are prescribed, which reads thus:-

``491. Court dress for officers and lawyers,- The following distinctive costume shall be worn by Presiding Officers of Civil Courts and by advocates and pleaders practising in such courts:-

Black coat achkan with bands.

(6). The aforesaid Rule 491 of the General Rules (Civil), has been amended by Rajasthan High Court which reads thus:-

``491-Court dress for Officers and lawyers : The following distinctive costume shall be worn by Presiding Officers of the Civil Courts and by Advocates and pleaders practising in such Courts:-

Black Coat (Buttoned up or of open collar) or achkan with bands. With a black coat, white shirt and white/black and white striped trousers and with the achkan, a churidar pajama or white/black and white striped trousers shall be worn. The lady Presiding Officers and lady Advocates, appearing before the Civil Courts, shall wear a white saree without border, or with sober border and white blouse, or white salwar kurta, along with open neck or open collar black coat with white bands.

(7). The aforesaid amended General Rules (Civil), relating to court-dresses for Officers and Advocates, is made enforceable with effect from 29.7.99, from the date of publication in Rajasthan Gazette.

(8). It is to be noticed that the High Court of Judicature for Rajasthan, again, in exercise of its power, under Article 227 of the Constitution and all other powers, enabling it in that behalf, with the approval of Governor of Rajasthan, has made revised rules, known as General Rules (Criminal), 1980. The H












































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