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| DB discharges contempt notices against advocates | | | Early Times Report
Jammu, Nov 24: A Division Bench of Jammu & Kashmir and Ladakh High Court on Thursday accepted the oral and written undertakings of advocates and discharged the contempt notices issued against them in 2019 when they went on an indefinite strike.
The DB comprising Chief Justice Ali Mohammad Magrey and Justice M A Chowdhary while disposing of the PIL observed that the court appreciates the role an advocate plays in the society. “The development of lawyers as a class of professionals can be attributed to the need for trained persons who can form the competent interface to facilitate the interaction between the lay persons and the judiciary.
This involves providing legal advice in matters of rights, liberties or property of the client within the framework of legislative and legal rights, and representing the client in the event of a dispute before an adjudicatory body. In fact, if law is viewed as a ‘public good’ which is frequently technical and not self-executing, meaningful access to law requires the assistance of a lawyer. Particularly, in most jurisdictions, the members of the legal profession are conferred the status of privileged members of the community, and occupies an exclusive domain with the privilege of pleading and acting on behalf of suitors being restricted only to enrolled advocates and attorneys. This monopolistic character of the legal profession entails certain high traditions which its members are expected to upkeep and uphold,” the court said.
The DB observed that the advocates against whom the contempt proceedings were initiated shall ensure adherence to their unique role in administration of justice as detailed out in several judicial pronouncement, taken note of in this order and the undertakings with reference to maintaining dignity, honour and respect of the court at all times and not causing any obstruction shall also form the basis for discharging of the rule.
The DB further observed that additionally, the basis for dropping the proceedings has reference to submissions made by the senior Bar members and President of the Bar Association and learned Advocate General.
The DB does not think it necessary to pursue this matter any further and accepts the oral and written undertakings of the respondents, i.e. advocates and discharge the notices of contempt issued against them. Accordingly, the Writ Petition bearing WP (C) PIL No. 46/2019 shall stand closed. JNF |
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