SCBA demands to revisit Rules relating to designation of Senior Advocates

In a letter written by President of the Supreme Court Bar Association, Senior Advocate Mr. Dushyant Dave, addressed to the Chief Justice of India, SCBA has asked the Chief Justice of India to revisit the the rules relating to designation of Senior Advocates. The letter says, “Perhaps a better mechanism needs to be evolved, in which the Bar also has a role to play, may be at the level of Attorney General or the Executive Committee of the Bar, to address the concerns of the Bar.”In addition, the letter has sought a Bar room and also restoration of system of advanced lists. The full letter is below;SCBA/CJI.9/2015 14th May, 2015Hon’ble Mr. Justice H.L. DattuChief Justice of India5, Krishna Menon MargNew Delhi -110011.Respected Chief Justice,Namaskar!On the eve of summer vacation, I write to you on behalf of the entire Bar, Executive Committee and myself, to wish you a very enjoyable and relaxing time.While so doing, I would also take this opportunity to throw up a few points for My Lord's introspection during the vacations, which if duly addressed, may go a long way in helping the Institution, as also the Bar. These are:1. As you are aware Sir, SCBA, although has over 12000 Members and 1700 Voting Members, and almost 2000 Members, who actively practice before this Hon’ble Court and visit the premises during the week. Unlike every other Court in the Country, be it Trial Court, High Court or any Tribunal, the Supreme Court does not have in its premises, a place for Members of the Bar which can be truly identified as Bar Room. My Lord is fully award of the need of such a place, to allow the Members to step aside from a very hectic workload; to introspect, rest, interact and even gossip. The Bar Rooms are most vibrant spaces of every court premises in the country.Over the last six decades, this issue has not been attended to, either by the Bar or the Bench. Sir, in you, the Bar pins its aspirations for resolution of this extremely crucial and demanding issue.The construction of the additional space within the Supreme Court premises, behind Court Room Nos. 6-14 is almost over. This will provide, on guess work basis, over 50,000 sq.fts of area, which we believe is to be utilized entirely for the Registry purposes. Sir, I would sincerely appeal to you, on behalf of the Bar, that upon occupation of this new space by Registry, a big space of approximately 2000-3000 sq.fts may be carved out from the main building of the Supreme Court for being converted into a well needed Bar Room. I would urge you to kindly keep this issue in mind before irreversible decisions are taken, as in the past, I must confess that in the infrastructure issues relating to Supreme Court complex, Bar has had very little say or even more than say, it is not even consulted. The Pragati Maidan Complex of the Supreme Court is a classic example, as I mentioned during our meeting that Bar has not been associated with the designs of complex including chamber block. Sir, I am sure you will also find this undesirable.Incidentally, I may also bring to your kind attention that a substantial space, which we believe is over 3000 sq.fts, stands vacated after dispensation of printed cause lists and is lying vacant in an area which was earlier used for cyclostyling and printing purposes in the main complex next to Copying Section (near C-Gate). Though this space would not be conductive and efficient to create a Bar Room, this space can also be utilized by the Registry and could come in handy to carve out a convenient space in the main building nearer to the court rooms by some adjustments.2. Sir, one of the issues that you had very rightly pointed out during our last meeting, was the problem on account of frequent adjournments. After our discussion, Ld. Secretary General was kind enough to sent a letter giving necessary statistics of adjournments between January to March this year. I have also heard My Lord in open court, referring to this acute problem, while expressing inability to accede to the Members every morning, seeking out of turn or urgent hearing during Mentioning.To obviate this problem, I may suggest, with your permission, that the system of Advance Lists be restored and strengthened, so that listing of all matters is only after first appearing in Advance Lists, which should be circulated two weeks before the actual date of hearings. During this period, till at least one week before date of hearing, those matters where both the sides desire adjournment, could be adjourned on a joint slip being submitted to the concerned Registrar Listing. As a result, many slots may fall vacant and in their place, perhaps, My Lord, may be able to accommodate Ld. Members seeking urgent out of turn hearing, subject, of course, to their request being genuine.3. Sir, I, once again, invite your kind attention to the unanimous resolution passed by the Executive Committee dated 02.02.2015, a copy of which is enclosed herewith for your kind reference.Sir, the problem of...

SCBA demands to revisit Rules relating to designation of Senior Advocates

Gaurav Pathak

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