Should the Advocates remain on their legs while addressing the Court? The 'Full House' of Bar Council of India might take a decision in this regard.
Hariom Jindal, an advocate practicing in district courts in Ludhiana, had approached the National Human Rights Commission against this practice highlighting the fact that there is no rule mandating advocates to remain standing while appearing in a court of law
The NHRC, taking note of his complaint, forwarded it to the Bar Council of India to look into the grievances raised by him and take appropriate action on merits.
In response to his RTI query, the Bar Council of India has now informed him that its 'Full House' will be considering this issue as it is a 'policy matter'. The letter stated that the matter will be placed before the General Council.
According to Jindal, there is no difference in the basic qualification of judges and advocates, and some advocates are more senior in profession than the judges. The BCI, in response to his earlier RTI query, had informed that the rules were silent on the issue raised by him. In his complaint before the NHRC, he stated that there has been continuous deterioration in the manner of treating advocates by public servants, including the judges, in courts and from the information obtained through various authorities, it is clear that there is no rule that mandates advocates to remain in standing position to address the court. According to the Lawyer, the issue pertains to the dignity and honour of every advocate.
Read BCI Letter