Adherence to court notifications and their circulation to all Bar Associations was crucial in addressing the issue of holding death references in courts.

Headnote:
Court Procedure - Death Reference - The court addressed the issue of holding death references in courts on the demise of a member of the Bar, considering the impact on judicial work and the interest of litigants. The Bar Council of Rajasthan's adherence to notifications issued by the Registrar General, Rajasthan High Court, and the subsequent circulation of these notifications were crucial in resolving the matter.
Fact of the Case:

The petitioner filed a petition feeling aggrieved by the closure of the opportunity for final arguments of the petitioner accused in a case. The court noted subsequent orders granting the petitioner an opportunity to cross-examine prosecution witnesses and make final arguments.
Finding of the Court:

The court addressed the issue of holding death references in courts due to the sudden demise of a young lawyer, which led to the refraining of members of the Bar Association from appearing in court. The Bar Council of Rajasthan's involvement and the adherence to notifications were crucial in resolving the matter.
Issues: The issues included the closure of the opportunity for final arguments, the impact of holding death references on judicial work, and the adherence to notifications by the Bar Council of Rajasthan.
Ratio Decidendi: The court's decision was influenced by the Bar Council of Rajasthan's adherence to notifications issued by the Registrar General, Rajasthan High Court, and the subsequent circulation of these notifications to all respective Bar Associations.
Final Decision: The petition was disposed of accordingly, with the court emphasizing the need for the Registrar General, Rajasthan High Court, to re-circulate the notifications to all District and Session Judges for appraisal of the Bar Associations functioning in the area.

Order

04/03/2024

1. The petitioner has filed instant petition under Section 482 CrPC feeling aggrieved by the order dated 29.01.2024 passed in case No.53/2019, State Vs. Surendra and Others, by the Court of Additional Sessions Judge, Laxmangarh, District Sikar, whereby the opportunity of final arguments of petitioner accused was closed.

2. Learned counsel for petitioner, at the outset, candidly admits that as far as the grievance of the petitioner is concerned, the same does not survive any more in view of passing a subsequent order dated 08.02.2024 in misc. petition No.7584/2023, in favour of petitioner, whereby one more opportunity has been granted to petitioner to cross-examine the prosecution witnesses. Thus, obviously petitioner would have opportunity to make his final arguments as well before the trial Judge. As such the grievance of the petitioner against order dated 29-1-2024 stands satisfied.

3. During course of hearing of the instant petition, a letter dated 29.01.2024 issued by the President, Bar Association Laxmangarh, District Sikar was brought to the notice of this Court whereby a death reference on a sudden demise of a young lawyer on 26/27.01.2024 was declared to be observed and, for that reason, members of the Bar Association Laxmangarh, District Sikar refrained themselves from appearing in Court deciding not to discharge judicial work for whole day. Since the letter dated 29.01.2024 issued by the President, Bar Association Laxmangarh, District Sikar was found to be in contravention of notifications dated 05.07.2002 and 25.04.2015 issued by the Registrar General, Rajasthan High Court, Jodhpur, dealing with the issue of holding death references in Courts, wherein death reference for an enrolled member of the Bar also included, therefore, this Court vide order dated 02.02.2024 issued notice to President, Bar Association Laxmangarh, District Sikar to explain the issuance of letter dated 29.01.2024.

4. Pursuant thereto, the President, Bar Association Laxmangarh, District Sikar has filed reply and additional reply, which are available on record. In the reply and additional reply several contentions have been made justifying the deference from judicial work by the Advocates/ members of the Bar Association Laxmangarh, District Sikar on account of holding a death reference to mourn death of a young lawyer. But only the convincing ground of explanation is that the letter was issued because of ignorance of the notifications dated 05.07.2002 and 25.04.2015 issued by the Registrar General, Rajasthan High Court, Jodhpur.

5. Since the issue cropped up on issuance of letter dated 29.01.2024 pertains to holding death reference, on demise of a member of the Bar, being an issue of common cause, apart from sentimental and due to which judicial work of Courts adversely affected, as well as the interest of litigants at large also remained at stake, therefore, to address the issue in right track, the Bar Council of Rajasthan was also called to assist the Court. The Bar Council of Rajasthan is a statutory body which governs the conduct of Advocates in all over the State of Rajasthan, wheresoever they are discharging their legal duties.

6. Learned Senior Advocate, Mr.R.B. Mathur, has appeared on behalf of Bar Council of Rajasthan and filed reply addressing on the clinching issue.

7. In the reply filed by the Bar Council of Rajasthan, adherence to the two notifications dated 05.07.2002 and 25.04.2015 issued by the Registrar General, Rajasthan High Court, Jodhpur has been made and it has been pointed out that these notifications came to be issued by the Hon’ble Committee comprising of representatives of Bar Council of Rajasthan, Bar Associations of the Rajasthan High Court Jodhpur/ Jaipur, which suggested norms/ guidelines with regard to procedure for holding death reference in court premises, in case of demise of any Member of the Bench or the Bar. It has been pointed out that both notifications have been duly approved by the Hon’ble Full

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