The court establishes that advocates must adhere to a prescribed dress code during virtual hearings to maintain decorum and that failure to comply may result in withdrawal of the right of audience.

ORAL ORDER

1. It emerges that through virtual mode of hearing learned advocates are appearing without wearing gown.

2. This Court has referred to the Gujarat High Court Rules, 1993, more particularly Rule 440, which reads as under:

“440. Uniform dress for advocates.—Advocates appearing before the court shall wear the following dress :

(1) Advocates other than lady advocates :

(a) Black buttoned up coat (chapkan, achakan or Sherwani), Barrister's gown and bands, or (b) Black open collar coat, white shirt, white collar, stiff or soft, with Barrister's gown and bands, (2) Lady Advocates :— Regional dress of subdued colour or colours with Barrister's gown and bands.”

3. This Court has also referred to the Bar Council of India Rules, wherein the prescribed uniform for advocates is provided under Clause (1), which is reproduced hereinbelow:

“1. ADVOCATES (a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands with Advocates’ Gowns.

(b) A black open breast coat. white shirt, white collar, stiff or soft, and white bands with Advocates’ Gowns.

In either case wear long trousers (white, black striped or grey) Dhoti excluding jeans.

Provided further that in courts other than the Supreme Court, High Courts, District Courts, Sessions Courts or City Civil Courts, a black tie may be worn instead of bands.

II. LADY ADVOCATES (a) Black full sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates’ Gowns. White blouse, with or without collar, with white bands and with a black open breast coat. Or (b) Sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flare (white, black or black stripped or grey) or Punjabi dress Churidar Kurta or Salwar-Kurta with or without dupatta (white or black) or traditional dress with black coat and bands.

III. Wearing of Advocates' gown shall be optional except when appearing in the Supreme Court or in High Courts.

IV. Except in Supreme Court and High Courts during summer wearing of black coat is not mandatory.

In the change brought about in the Dress Rules, there appears to be some confusion in so far as the Sub Courts are concerned. For removal of any doubt it is clarified that so far as the courts other than Supreme Court and High Court are concerned during summer while wearing black coat is not mandatory, the advocates may appear in white shirt with black, white striped or gray pant with black tie or band and collar.”

4. This Court has also referred section 34 of The Advocates Act, 1961 , which is reproduced hereinbelow:

34. Power of High Courts to make rules.―(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto.

[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.]

***

5. This Court has also referred the Gujarat High Court Rules for video conferencing for the courts wherein Schedule I (1) suggests the uniform for the advocates,who are appearing through the virtual mode, which is reproduced hereinbelow:

“Schedule I (1):All participants shall wear sober attire consistent with the dignity of the proceedings. Advocates shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961 . Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. The attire for judicial officers and Court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the Presiding Judge or o