The Suo Motu PIL Has Been Registered By Gujarat HC and A Notice To BCI Has Been Issued.

Team SoOLEGAL 25 Feb 2019 12:21pm

The Suo Motu PIL Has Been Registered By Gujarat HC and A Notice To BCI Has Been Issued.

A notice has been issued to Bar Council of India by the Gujarat High Court in a Public Interest Litigation registered by the High Court administration itself regarding the issue of incompetency of lawyers. The PIL has been posted by 2 judge Division Bench including Acting Chief Justice Anant S. Dave and Justice Biren Vaishnav has on 30th March 2019.

Pursuant to an order by single bench presided by Justice Bela M. Trivedi who had expressed concern in this regard, this Suo Motu PIL was registered. There were two suggestions made by this PIL: Firstly to frame rules in this regard and secondly, regular training must be organized for lawyers on how to conduct matters, and the ethics and etiquettes they need to follow in the courtroom.

On January 11, Justice Trivedi witnessed a writ petition challenging a Notice issued under the Town Planning Act, the petition quoted the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It was also observed by the Judge that the concerned lawyer did not know the facts and law of the case and kept on arguing the case referring to the Land Acquisition Act.

The Judge held that while he dismissed the petition and imposed the cost of Rs.10,000 on the lawyer. "When the Court expressed orally that it was not inclined to entertain the petition and would dismiss with a cost to be paid by him and not by the petitioners, he had an audacity to say that this was not the final Court and that he would approach the Supreme Court",

The judge observed in the following order that the lawyer did not only fail to maintain the dignity and decorum of the Court but also on the behalf of his clients, he was not able to make a competent representation of the case. The judge also observed that on behalf of the clients the incompetent representation of the case by the Advocate has not been incorporated in the Bar Council of India Rules, nor the same is being treated as the misconduct entailing disciplinary proceedings. The judge further added that,

"It is needless to say that the reputation of the legal profession is linked with the confidence and trust of the public at large, as to how public views the administration of justice. Hence, it is very essential that in order to maintain the reputation of the legal profession, the ethical standards for the lawyers are clearly defined and effective disciplinary procedures are put in place. One of the key ethical standards for lawyers is competent representation, which in turn would encompass legal knowledge, skill, thoroughness, preparation of the case, fairness etc."

The judge directed the registry to keep the case before the Acting Chief Justice, and he further observed that:

"In order to make the ethics and code of conduct to be relevant and enforceable, the lawyers must be made aware of the same. Ethics can also form part of the continuing legal education programmes. The Government, Bar Councils and Bar Associations may ensure, by conducting on regular basis the continuous education and training programmes for advocates that the cause of administration of justice may not suffer because of the incompetence of the Advocates."

Tagged: pil   hc   suomotu   bci  
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