The boneless Supreme Court Bar Association
Mr. Kshitish Bikarmia is a practising before the Supreme Court of India. The opinion expressed in this Article is solely his own opinion on the difficulties faced by Advocates.
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I have to write this blog with deepest sorrow and empathy about the boneless, backless and ineffective Bar Association of the Supreme Court. This is the Apex Court of the Country and the Bar Association of the Supreme Court is not behaving like one which should be setting an example for the Bar Association of the rest of the country.
It is correct that the Advocates shall not go on strike to agitate their issues but the Bar Associations are formed to bring before the issues of the Advocates. The advocates elect their office bearers for the same.
It is least expected from the office bearers of a Bar Association that they would understand the problems of the Bar Associations and work for them. In my opinion, this could be achieved when people who are effectively working in the court could develop a good Bar.
The advocates are called officers of the court as the judges are and they are also an essential pillar in the administration of justice. They represent their clients before the court to make their clients to get to justice from the temple of justice.
With greatest sorrow, I have to say that recently the advocates of the Supreme Court faced a historically bad situation when the Supreme Court Registry successive circulars for termination of the system of circulation of letters for adjournment.
The circular almost meant as if the advocates seek adjournment in the cases for pleasure. The circular of the Registry has been issued without hearing the advocates and their concerns. The system of circulation of letters was evolved by the Supreme Court after a long practice.
Many times, the advocates have genuine problems when they are out of the city, unwell or attending some function. This system is also for the benefit of judges who do not have to read the files in which adjournments are sought by the advocates on the day when the case is listed. This is the reason some of the judges have started permitting to circulate letters. Read the Order.
The circular also did not take into account the unavailability of judges in court and that day many cases are adjournments in one go.
The Supreme Court Bar Association and the Supreme Court Advocate on Record Bar Association wrote letters to the Chief Justice of India but there was no response and then the office bearers did not press the issue and now it appears that the Bar Associations have given up the issue.