Kerala HC Grants Exemption To Advocate From Wearing Gown In Trial Courts During Summer; But No Relief From Coat [Read Order]

While considering a writ petition filed by an advocate seeking exemption from wearing black coat while appearing in lower courts during summer season, the High Court of Kerala has passed an interim order, exempting him from wearing gown while appearing in trial courts.

"...petitioner is allowed to appear before trial courts right from Munsiff-Magistrate Court to District Court without wearing a gown. However, all other attire prescribed as per the High Court rules shall be followed by the petitioner", ordered Justice Shaji P Chaly.

The case will be further considered after summer vacation. 

This means that Advocate J M Deepak, the petitioner, will have to wear black coat while appearing in courts during summer. It may be noted that wearing of gown while appearing in Courts other than Supreme Court and High Courts is in any case optional as per dress code prescribed by the Bar Council of India(BCI). The dress code also grants exemption from wearing black coat in lower courts during summer season. It was to enforce this exemption that Adv.Deepak approached the High Court.

The issue arises out of a mismatch between the dress code prescribed by the BCI and the Rules of the High Court of Kerala. Rule 12 of the Kerala High Court Rules regarding condition of practice of advocates, framed in 1961, does not refer to any such exemption from wearing black coat during summer, and mandates the wearing of black coat and gown while appearing in courts.

The writ petition was filed when the Additional District Judge-I, Thiruvananthapuram refused to hear Adv.Deepak in a case, as he was clad in a white shirt with black tie and black trousers, without black coat and gown.  His attire was objected to by Additional District Judge-I, Thiruvananthpauram as contrary to the dress code prescribed for advocates.

In response, Adv.Deepak pointed out that the Bar Council of India had changed the dress code for lawyers as per circular number 6/2002 issued on January 25, 2002, which said that wearing of black coat is not necessary while appearing in Courts other than Supreme Court and High Courts during summer. He further pointed out that this amendment was approved by Chief Justice of India on January 12, 2001.

The BCI on February 24, 2002 had clarified that except in Supreme Court and High Courts, wearing black coat is not mandatory during summer and that the advocates may appear in white shirt with black or striped or grey pant with black tie or band and collar, he submitted before the Judge.

However, referring to Rule 12 of the High Court Rules, the District Judge passed an administrative order, refusing to hear him.

In this backdrop,the writ petition was filed challenging the order passed by the District Judge and also seeking permission to appear in lower courts without black coat during summer season.

"It can be seen Kerala is hit by unprecedented heat during this summer season. Most of our lower courts are not having sufficient facilities more particularly sufficient space to accommodate the lawyers as well as the clients appearing before the court. There are many courts where even fans are not working which make the work of a lawyer miserable. Added to the same is the wearing of coats and gown which is like applying salt to the wound", said the petition filed through Advocate R Sunil Kumar.

He has also sought for a direction to change Rule 12 in tune with the Bar Council rules.

The High Court of Kerala(on its administrative side), Bar Council of India and Bar Council of Kerala are made respondents in the petition.

Read Order