Judges cannot express their pain publicly, only Bar can come to their rescue: Allahabad High Court

The Allahabad High Court recently described advocates as the “Army of the Bench” and said that only they can come to the rescue of judges who are unable to express their agony publicly [Chandrashekhar Upadhyay, Advocate v State of UP and 8 Others].

A Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan said,

“Bar is the 'Army' of the Bench. The judges are required to speak through their judgement but at times they cannot express their agony or pain, publicly; then it is only the Bar which can come to their rescue.”

The Court made these observations while dealing with a batch of petitions relating to the functioning of bar associations in Uttar Pradesh and the lacuna in the bye-laws adopted by them.

The bye-laws of the association build the character of the Bar, the Bench said.

“It is their dignity which determines the status of Bar and naturally the strength of the Army is to protect the “Judges” from various evils, obstructing justice delivery system'. It ensures that no illegal or improper means are used to influence the Judges; and it is responsible to prevent it’s clients, from resorting to sharp or unfair practice. He has to use restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during argument in court; and indisciplined or non-practicing lawyers, cannot maintain such standards,” it added.

In the judgment passed on May 20, the Court noted that it is flooded with writ petitions filed by various bar associations seeking redressal of issues relating to elections.

It also noted the instances of disruption of constitution of the Elders Committee, which is tasked with holding the elections after expiry of the period of tenure of office bearers.

In order to avoid the disputes, the Court directed that in case a dispute of seniority among members of the Elders Committee arises, the State Bar Council can only determine the seniority dispute and under no circumstances can it issue directions regarding the postponement of elections.

Only the chairman or remaining three senior most members of the Elders Committee can take a decision regarding the deferment of polls, the Bench said.

“And, as far as the determination of the Elders Committee of an Advocates Association of the High Court is concerned, 5 designated senior most Advocates, actively practicing in High Court by virtue of their seniority, shall be considered and since the seniority list of designated Advocates in the High Court, is maintained by the Allahabad High Court, the same has to be strictly adhered to,” the Court added.

The Court also clarified that the Elders Committee cannot take any financial decisions or decisions pertaining to the movable and immovable properties of the bar association. It shall exercise only such financial powers which may be necessary for performing day to day functions of the association or for the conduct of the elections, it added.

The Court also said that the Elders Committee shall be permanent in nature consisting of five designated senior-most advocates actively practicing before the High Court.

In case of district court, the seniority of the members of the Elders Committee will be determined by taking into account the date of enrollment, the Court said. However, only those having at least 10 years regular practice shall be considered. 

“Once the elections are held, the charge shall be handed over to the newly elected Committee; thereafter one senior-most Member of the Elders Committee i.e. the Chairman, will retire and the existing Members shall induct the next senior most Member,” the Court directed.

[Read Judgment]