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2023 Supreme(Online)(DEL) 2213

HIGH COURT OF DELHI
HARDIK KAPOOR – Appellant
Versus
BAR COUNCIL OF INDIA & ORS. – Respondent
W.P.(C)-16534/2022



$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd February, 2023 + W.P.(C) 16534/2022 & CM APPLs. 51932/2022, 51979/2022 HARDIK KAPOOR ..... Petitioner Through: Mr. Ujwal Ghai, Mr. Shivek Rai Kapoor, Mr. Sanchit Saini, Mr. Arpit Sharma & Mr. Bhanu Malhotra, Advocates. (M:8860151818)

versus BAR COUNCIL OF INDIA & ORS. ..... Respondents Through: Mr Sunil K. Kalra, Advocate for R-3.

(M:9810396959)

Mr. Ajay Kumar Aggarwal, Advocate for BCD.

Mr. Preet Pal Singh, Mr. Saurabh Sharma & Mr. Shivam Sachdeva, Advocates (M-9958555055)

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)

1. 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.

Signature Not Verified Digitally Signed W.P.(C) 16534/2022 Page 1 of 9

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 Signature Not Verified Digitally Signed W.P.(C) 16534/2022 Page 2 of 9 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 D

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