Full Text
HIGH COURT OF DELHI
Date of Decision: 1st December, 2022
HARDIK KAPOOR ..... Petitioner
Through: Mr. Ujwal Ghai, Mr. Shivek Rai Kapoor, Mr. Sanchit Saini, Mr. Arpit Sharma & Mr. Bhanu Malhotra, Advocates.
Through: Mr. Preet Pal Singh, Mr. Saurabh Sharma & Mr. Shivam Sachdeva, Advocates (M-9958555055)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present writ petition has been filed on behalf of the Petitioner - Hardik Kapoor who is a second year law student pursuing LLB challenging the impugned notice/circular dated 24th November, 2022 issued by Hon’ble Secretary Shahdara Bar Association, Karkardooma Court Complex, Delhi.
3. As per the said impugned notice/circular, the Shahdara Bar Association has resolved that interns have ought to wear white shirt, blue coat and trousers to enter the Karkardooma Court Complex. The impugned notice/ circular reads as under: “All the members of SBA Regd. are hereby informed that the interns are appearing in the courts wearing black coats and many times it is difficult to differentiate between the advocates and interns. It is unanimously decided by the executive committee that there shall be a dress code for the interns i.e. white shirt and blue coat and trousers. Hence all the members of the bar are requested to instruct their interns to wear white short and blue coat and trousers w.e.f 01.12.2022. Thereafter, if interns will be found wearing black coat and trousers, then they will not be allowed to appear in the courts. The members are requested to co-operate”
4. Ld. counsel for the Petitioner submits that the Shahdara Bar Association does not have the power to issue such a circular. He also relies on the Rule 27 of Rules of Legal Education, 2008 which specify formal dress code for interns:
5. Ld. counsel for the Respondent No.1 - Bar Council of India points out that in a similar situation in W.P.(C) 9542/2018 titled Kunwar Gangesh Singh & Ors. v. Bar Council of India & Ors. vide order dated 12th September, 2018, ld. Single Judge of this Court had set aside the notice issued by the Rohini Court Bar Association which had directed interns not to wear black coats.
6. Mr. Mohit Mathur, President Delhi High Court Bar Association, who is present in Court, upon being queried, submits that insofar as the interns are concerned they ought to be also distinguishable from the litigants.
7. This Court is of the opinion that considering the large number of interns who visit the premises of the District Courts in Delhi and the Delhi High Court, a uniform policy on the dress code for interns, ought to be arrived at by consensus of all the concerned stakeholders. As of today only the Shahdara Bar Association has issued a circular changing the dress code. This would in effect mean that an intern attending proceedings in multiple courts including trial courts and High Court would have to wear different coloured coats in the various fora. A consistent uniform should be prescribed for interns all across Delhi, inasmuch as if different bar associations start prescribing different uniforms, interns would be inconvenienced.
8. Accordingly, let a meeting of all the Bar Associations and other stake holders be called by Mr. Murari Tiwari, Chairman Bar Council of Delhi to evolve a consensus as to what should be the uniform that interns should wear for entering the various Court premises. The question as to whether there is a need to change the dress code for interns shall also be considered. Consensus shall be arrived at bearing in mind Rule 27 of the Rules of Legal Education, 2008.
9. The meeting to be called by the Chairman Bar Council of Delhi be held on 12th December, 2022 at 4:00 p.m. at a venue which may be notified by him. The Bar Council of India’s representative would also be invited for the said meeting.
10. In the meantime, the operation of the impugned notice/circular shall remain stayed.
11. Issue notice to the Shahdara Bar Association and to the Bar Council of Delhi.
12. List on 23rd February, 2023.
PRATHIBA M. SINGH JUDGE DECEMBER 1, 2022/dj/kt