The District Bar Association of Faridabad has passed a resolution barring all out station advocates from appearing in any court of law there without local counsel saying it affects work of both the court and the local lawyers adversely.
“It has been observed by the executive members that advocates appearing from out stations without local counsel cause inconvenience to members of the District Bar Association Faridabad as the matters go uninformed and the same also results in loss of work to our fellow advocates,” said the resolution.
“It has, therefore, been resolved in the executive meeting…that advocates from out stations will not be allowed to appear before any court of law unless accompanied by local counsel,” said the resolution passed by the District Bar Association, Faridabad.
Explaining the need for such a resolution, Association’s secretary Joginder Narwat said, “the resolution will help ease the work of the court. Out station advocates seek longer dates because of their travel and other commitments but if they are accompanied by a local lawyer, the case can proceed at a faster pace and the local lawyer can appear on dates on which the out station lawyer cannot appear”.
“This will also ensure that the work of local lawyers is not affected and they can help the court in issuing summons etc in cases where out station advocates are appearing. Even the Supreme Court has upheld such Rules,” said Narwat referring to the 2016 judgement of the apex court wherein a similar rule of the Allahabad HC has been upheld.
The resolution passed by the Faridabad Bar Association, has, however, faced criticism from several lawyers in Delhi who appear in quite a few cases in Gurgaon and Faridabad.
One such lawyer, Santosh Pandey said, “Almost all over Haryana, such a practice is adopted and it creates problems for outstation advocates.I am filing or appearing in cases in Gurgaon and Faridabad along with junior local lawyers otherwise nobody would entertain me and rather I will face objections in appearance. This kind of resolution has been in place for last more than ten years as far as I can remember”.
Pandey informs that no such Rule is in place in Delhi though.
It is to be noted that in 2016, the Supreme Court had in case titled Jamshed Ansari vs High Court of Judicature at Allahabad and Ors upheld Rules 3 and 3A of the Allahabad High Court Rules, 1952 as perfectly valid, legal and in consonance with Article 19(1) (g) of the Constitution of India. As per the Rule an Advocate who is not on the Roll of Advocate or the Bar Council of the State is not allowed to appear, act or plead in the said Court unless he files an appointment along with the advocate who is on the Roll of such State Bar Council and is ordinarily practicing in that court.