ALLAHABAD HIGH COURT
Jagdish Bhalla and Dharam Veer Sharma, JJ.
HARI SHANKAR JAIN
Versus
BAR COUNCIL OF INDIA
Decided On : 06 March 2006
Public Interest Litigation - Advocates - Advocates Act, 1961, Sections 6, 7, 33, 35 - The court discussed the scope of public interest litigation, the requirement of locus standi, and the misuse of PIL. It highlighted the duty of advocates to uphold the majesty of justice and the comprehensive scheme provided by the Advocates Act, emphasizing the need for advocates to conduct themselves in a manner befitting their status as officers of the Court. The court rejected the petitioner's argument to impose a ban on advocates appearing before judges with whom they are connected, emphasizing the transparency and control mechanisms within the judicial system.
Fact of the Case:
The petitioner, a practicing advocate, initiated a Public Interest Litigation seeking to ban advocates from appearing before judges with whom they are connected, arguing that it would restore confidence in the judicial system.
Finding of the Court:
The court found that the PIL was not maintainable and dismissed the petition, emphasizing the duty of advocates to uphold the majesty of justice and the comprehensive scheme provided by the Advocates Act.
Issues: Scope of public interest litigation, requirement of locus standi, duty of advocates, and the need for transparency and control mechanisms within the judicial system.
Ratio Decidendi: The court emphasized the duty of advocates to conduct themselves in a manner befitting their status as officers of the Court and rejected the petitioner's argument to impose a ban on advocates appearing before judges with whom they are connected.
Final Decision: The petition was deemed devoid of any merit and dismissed, with no order as to costs.
( 1 ) THE petitioner, a practising advocate, has initiated the Public Interest Litigation under Article 226 of the Constitution of India seeking an appropriate writ, order or direction. He has prayed for following reliefs:
(i) issue a writ, order or direction in the nature of mandamus commanding opposite parties to ensure that no advocate who is connected/associated with a Judge or he has been a counsel for or against such Judge, be allowed or made to appear in his Court and to further ensure that their cases are not listed before such Honble Judges; (ii) issue any other appropriate writ, order or direction as the Honble Court may deem, fit and proper in the interest of Justice; (iii) allow the petition with costs.
( 2 ) THE petitioner has argued that no advocate should appear before any Judge with whom they are connected or associated in any manner. In case. if any counsel has ever been engaged by a judge before or after his elevation, then the counsel should not be allowed to plead and act before a learned Judge as it will restore confidence of masses in judicial system and maintain glory of the institution. As such it was suggested that no lawyer or lawyers should be allowed to appear before the Honble Judge during his tenure and suitable directions may be Issued to opposite parties to ban the appearance of such lawyer before the Honble Judges to whom they are associated or connected or at any point of time put in their appearance on their behalf of any court/tribunal.
( 3 ) THE petitioner has argued that he has a sufficient Interest in the proceeding has locas standi and can approach the Court. We have given our anxious thoughts to the facts of the case.
( 4 ) IT is expedient to take note of the meaning of the PIL.
( 5 ) IN Strouds Judicial Dictionary. Vol. 4, 4th Edn. , "public Interest" is defined thus: public interest-- (1) A matter of public or general interest does not mean that which is interesting as gratifying curiosity or a love of information or amusement; but that in which a class of the community have a pecuniary interest or some interest by which their legal rights or liabilities are affected.
( 6 ) IN Blacks Law Dictionary, 6th Edn. "public interest" is defined as follows: public interest.--Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of particular localities, which may be affected by the matters in question interest shared by citizens generally in affairs of local, State or National Government.
( 7 ) IN Janata Dal case (1992) 4 SCC 305 : 1993 SCC (Cri) 36. this Court considered the scope of public interest litigation. In para 53 of the said Judgment, after considering what is public interest, the Court has laid down as follows: (SCC p. 331 ). 53. The expression litigation means a legal action including all proceedings therein, initiated in a Court of law with the purpose of enforcing a right or seeking a remedy. Therefore, lexically the expression p. I. L. means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some Interest by which their legal rights or liabilities are affected.
( 8 ) IN para 62 of the said Judgment, it was pointed out as follows: (SCC p. 334)62. Be that as it may, it is needless to emphasise that the requirement of locus standi of a party to a litigation is mandatory, because the legal capacity of the party to any litigation whether in private or public action in relation to any specific remedy sought for has to be primarily at the threshold.
( 9 ) IN para 98 of the said Judgment, it has further been pointed out as follows: (SCC pp. 345-46)98. While this Court has laid down a chain of notable decisions with all emphasis at their command about the importance
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