ashley do rosario
PANAJI
Lawyers will now have to be doubly cautious of their conduct across the bar inside courtrooms and outside as the Bombay High Court has bestowed sweeping powers on judges to debar their appearance for wide ranging transgressions, including intoxication and corrupt attempts to influence judges and/or proceedings.
In the exceptional move, the Bombay High Court, which has jurisdiction over Goa and Maharashtra amended its Appellate side and Original side rules to insert four additional rules -- 9A to 9D -- which regulate an advocate’s appearance in courts and also lays down procedures to be followed by Judges to exercise the powers.
The notification amending these rules was issued by the High Court’s Registrar General S P Tavade on October 25.
The amendment to the rules come in the midst of the ripples in the Judiciary over the mystery death of Judge Loya in 2015. Allegations against a former Chief Justice of the Bombay High Court, Mohit Shah have come on record in media reports and judicial proceedings pertaining to the petitions seeking a probe into the Judge’s death which were turned down by the Supreme Court.
Four Judges had earlier this week recused themselves from hearing in the Bombay High Court at Nagpur, a fresh matter related to Judge Loya’s death.
Meanwhile, the transgressions by lawyers listed in these rules which could debar them from appearing in the High Court and all other subordinate courts, tribunals or authorities include “appearing under the influence of liquor or other intoxicating substances” and “accepting money in the name of judges or on pretext of influencing the judge” in any court proceedings.
Tampering with court record or proceedings and behaving unruly, unprofessionally and unbecoming of an officer of the court are some other transgressions listed in the notification.
The notification specifies that the powers of the judges to act under these rules shall be in addition to and not in derogation of the Contempt of Courts Act, the Indian Penal Code and the Code of Criminal Procedure.
The Rule 9B states that in cases where any of the listed transgressions are committed by lawyers before the High Court or concerning its Judges, the High Court shall have the power to bar the advocate from appearing before it and all courts, tribunals and authorities subordinate to it.
In cases where lawyers transgress in the Principal District Court, the respective Principle District Judge shall have the power to debar them from any court within the district. If it happens in subordinate courts, then the respective court shall report it to the Principal District Court of its jurisdiction which will have the power to act.
Other transgression listed in the rules which could land lawyers in trouble is: Impeding orderly functioning of court or conduct of court proceedings. The notification goes on to explain that any strike resorted to in any court as a protest by advocates or their groups or any bar association shall be deemed to be an act which impedes the court’s functioning.
Browbeating and abusing the Judge or circulating and publishing material on the conduct of the Judge in any judicial proceeding shall be treated as obstructing the administration of justice or behaving unprofessionally and unbecoming of an officer of the court, the notification explains. The procedure laid down for Judges to enforce these powers require issuance of notice served personally to the errant lawyer and an enquiry conducted either by the Chief Justice or his designate. The enquiry, including issuance of the order, is to be completed within eight weeks, the notification states, adding that it shall be final and not be questioned in any proceedings in any court.
