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Lawyers Are An Intellectual Class; We Expect Members Of Noble Fraternity To Respect Themselves First : SC [Read Judgment]

LIVELAW NEWS NETWORK
6 July 2020 1:41 PM GMT
Lawyers Are An Intellectual Class; We Expect Members Of Noble Fraternity To Respect Themselves First : SC [Read Judgment]

"We see, in general, it has become a widespread practice to blame the Registry for no good reasons. "

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We expect members of the noble fraternity to respect themselves first, remarked the Supreme Court while dismissing the writ petition filed by a lawyer, Reepak Kansal, alleging 'pick and choose' policy adopted by the Registry.

Justice Arun Mishra, who authored the judgment, observed that the Registry, which is part and parcel of the judicial system, is blamed unnecessarily for no good reasons.

The bench, also comprising of Justice S. Abdul Nazeer, said that, when the pandemic is going on, baseless and reckless allegations have been made by the petitioner against the Registry of the Supreme Court. The Court imposed cost of Rs.100 (Rupees One Hundred only) on the lawyer 'as a token to remind his responsibility towards noble profession and that he ought not to have preferred such a petition.' The bench also observed:

"It is to be remembered by worthy lawyers that they are the part of the judicial system; they are officers of the Court and are a class apart in the society....They are an intellectual class of the society. What may be proper for others may still be improper for them, the expectations from them is to be exemplary to the entire society, then only the dignity of noble profession and judicial system can be protected."

The Court said that a large number of petitions are filed which are defective; still, the insistence is made to list them and mention is made that they should be listed urgently. The bench observed thus:

"It happens in a large number of matters, and unnecessary pressure is put upon the Assistants dealing with the cases. We find due to mistakes/ carelessness when petitions with defects are filed, it should not be expected that they should be listed instantly. To err is human and there can be an error on the part of the Dealing Assistants too. This is too much to expect perfection from them, particularly when they are working to their maximum capacity even during the pandemic. The cases are being listed. It could not be said that there was an inordinate delay in listing the matters in view of the defects. "

We see, in general, it has become a widespread practice to blame the Registry for no good reasons. To err is human, as many petitions are filed with defects, and defects are not cured for years together. A large number of such cases were listed in the recent past before the Court for removal of defects which were pending for years. In such situation, when the pandemic is going on, baseless and reckless allegations are made against the Registry of this Court, which is part and parcel of the judicial system. We take judicial notice of the fact that such evil is also spreading in the various High Courts, and Registry is blamed unnecessarily for no good reasons.   

Click here to Read/Download Judgment



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