“Legal Practice Is '5 Star Social Work'”: Justice Abhay Oka Urges Young Lawyers To Take Up Pro Bono Cases

Justice Abhay Oka of the Supreme Court on Wednesday emphasized the importance of pro bono work and legal aid, urging young members of the bar to take up such cases, Justice Oka describing legal practice as “5 Star social work”.“And lastly my appeal to all young members of the bar is to work pro bono in legal aid cases. It is very important that all of you take up the legal cases. I always believe that legal practice is a 5 Star social work in the sense that if you are successful, you can earn a lot and at the same time you can do a lot of pro bono work and help people to agitate their grievances before the court.”He suggested that it should be made compulsory for every designated senior advocate practicing in High Courts to appear in at least five criminal appeals per year for accused individuals unable to afford legal representation. He proposed a similar rule for senior lawyers in trial courts, highlighting that in many serious criminal cases, inexperienced lawyers handle the defence, affecting the accused's rights under Article 21 of the Constitution.Also Read - Young Advocates Must Volunteer To Assist Poor Litigants; Must Break Misconception That Supreme Court Is Accessible Only To Wealthy : SCThe judge delivered a lecture on “Art of Advocacy and Duties of Advocates under the Constitution” organised by the Indian Law Institute - Assam State Unit. Justice Ujjal Bhuyan, Supreme Court Judge; Justice Vijay Bishnoi, Chief Justice of the Gauhati High Court; and Justice Soumitra Saikia, Gauhati High Court Judge and Executive Chairman of ILI Assam, also attended the lecture.Justice Oka began his lecture by addressing constitutional duties of advocates. He summarized these duties as adherence to professional ethics and taking a stand within the framework of law to uphold the Constitution. He referred to Article 51A, emphasizing the role of lawyers in protecting constitutional ideals.Justice Oka recalled the reaction of the Bombay Bar Association following the supersession of three senior judges after the Kesavananda Bharati judgment. The association, led by former Chief Justice MC Chagla, protested without a formal meeting. “Independence of the judiciary cannot survive without the active role of the members of the bar”, he said.Acknowledging that judges are not infallible, he pointed to the evolution of judicial interpretations from A.K. Gopalan v. State of Madras to Maneka Gandhi v. Union of India. He cited the historical instance of Chief Justice M.C. Chagla publicly apologizing in 1956 for the conviction of Bal Gangadhar Tilak in a sedition case by Justice Davar in colonial India. He also noted that while Justice Chagla's apology was criticized by an independent journalist arguing that Justice Davar's decision was correct as per the prevailing law, it reflected the strength of free speech and constructive criticism.He recounted an incident where an editor of the Marathi version of Times of India faced a contempt notice after criticising a judge's lecture. He highlighted that the Bombay Bar Association and the Advocates Association of Western India took a stand and Senior advocates argued against the contempt charges. Despite initial resistance from the bench, the fearless advocacy of Advocate General Bhau Saheb Bobade led to the contempt notice being dropped, Justice Oka pointed out.Justice Oka highlighted the evolution of media coverage in legal affairs. Recalling a time when court judgments were analysed for 2-3 days by law reporters before publication, he contrasted it with modern-day instant commentary, where judgments pronounced in the morning are discussed by “so-called experts” on television by evening.Justice Oka also addressed problematic practices such as court boycotts by bar associations, noting that despite a Supreme Court judgment declaring court boycotts as criminal contempt, the practice persists. Such actions delay justice and contravene the Constitution's ideals, he said. He shared instances from his tenure, including issuing contempt notices to associations in Maharashtra, Karnataka, and even the Supreme Court. “Let's say in a district court there are 10 courts, at least 50 cases each court in a day. Boycott for a day there are 500 cases which get delayed”, he highlighted.“There cannot be social and economic justice unless there is we are able to render quality justice to common man of India. So all those who are part of the legal system are duty bound to render justice to the common man of India. So skipping the court in protest does not find place in the Constitution”, he emphasised.He further condemned instances where lawyers refused to represent certain clients, recalling an incident in Karnataka where a student was arrested for allegedly making anti-national remarks, and the local Bar Association decided that no lawyer would represent her. Justice Oka intervened suo motu, ensuring that the student received legal aid and issued contempt notices to the bar association members involved,...

“Legal Practice Is '5 Star Social Work'”: Justice Abhay Oka Urges Young Lawyers To Take Up Pro Bono Cases

Amisha Shrivastava

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