Karnataka High Court directs law school to remove ads featuring lawyer in gown

The Karnataka High Court recently directed an educational trust running a law school to remove promotional banners and flexes that portrayed a person in an advocate's attire [Bharathi Education Society Trust v. State of Karnataka].

Justice BM Shyam Prasad was considering a plea filed by the Bharathi Education Society Trust challenging a communication from the Panchayat Development Officer, which ordered the removal of such buntings and warned of action if this was not done.

During the hearing, the Court noted that the local authority was right to flag that ads featuring persons wearing an advocate's gown violated the Bar Council of India (BCI) Rules.

"The photographs of the buntings are produced in the Annexure -C series, and it is seen that these buntings have the image of a person in what could be the attire prescribed for Advocates. The Bar Council of India Rules would be against any advertisement of an individual," the Court noted in its June 22 order.

Meanwhile, counsel representing the trust told the Court that the offensive parts of the buntings could be removed if the trust is given some time.

Accordingly, the Court granted the trust eight weeks to do the neeful.

The Court directed the Panchayat Development Officer to stall any coercive action for eight weeks, and decide if there is any need for further action thereafter.

The Court gave the trust liberty to replace the buntings carrying images of persons in a lawyer's gown with details of the institution and law degree course.

"If the petitioner replaces the image of a person in the attire which is prescribed for an Advocate in the buntings in due deference of the Bar Council of India Rules against advertisement for individuals and ensures that the buntings are about the Law Degree Course/details of the Institution, the second respondent (panchayat authority) cannot be precipitous in bringing about a termination of the petitioner's right," the Court said.

Advocate KB Mounesh appeared for the Bharathi Education Society Trust.

Additional Government Advocate Boppanna Belliappa appeared for the State.

[Read Order]