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The Supreme Court has stayed the implementation of explanations (b) & (c) of Rule 10, Order IV of the new Supreme Court Rules, 2013 (Rules). This was done after a number of lawyers associations, including the Supreme Court Bar Association (SCBA), had made representations before the Court objecting to certain provisions of the new Rules.
Explanations (b) and (c) deal with misconduct of an Advocate-on-Record and reads as follows:
“For the purpose of these rules, misconduct or conduct unbecoming of an Advocate-on-Record shall include:
(b) Absence of the Advocate-On-Record from the Court without any justifiable cause when the case is taken up for hearing; and
(c) Failure to submit appearance slip signed by the Advocate-on-Record of actual appearances in the Court.”
In related news, the writ petition filed by the SCBA was heard today by the Supreme Court. Senior Advocates Ram Jethmalani and PH Parekh appeared for the SCBA. A Division Bench comprising Justices Anil R Dave and the newly elevated UU Lalit directed the parties to submit a comprehensive representation of their grievances and posted the matter for September 5. However, the prayer to stay the implementation of the Rules was turned down.
Yesterday, lawyers had thronged the Chief Justice’ court when the writ petition was being mentioned by PH Parekh and had created drama outside the court. Further, in a General Body meeting, the SCBA has resolved that the members will observe a symbolic protest against the Rules by wearing white ribbons on their gowns on August 19.