The Delhi High Court criticised an advocate for attending a virtual hearing while standing in a park, calling it a violation of court decorum. It urged Bar Associations to sensitise lawyers on maintaining professionalism during VC proceedings.
The Delhi High Court expressed concern over an advocate appearing for a video conference hearing from a park, urging Bar Associations to educate their members on appropriate conduct during such appearances.
This was during the consideration of a bail application related to an FIR filed under Sections 498A, 304B, and 34 of the Indian Penal Code.
Justice Girish Kathpalia remarked,
“Despite repeated directions, certain sections of the Bar have failed to understand decorum of the Court. The facility of videoconferencing, which was started during Covid pandemic was extended in order to ensure that the counsel may appear through videoconferencing sitting in his/her office so that the counsel is spared of running around in different court complexes in Delhi. But this does not mean that the counsel would appear standing in a park…”.
The Respondent was represented by Additional Public Prosecutor Nawal Kishore Jha. The Court declined to acknowledge the appearance of the Petitioner’s Counsel due to her behavior.
Emphasizing the need for educating lawyers who participate in video conferencing, the Court stated,
“Earlier also, such directions were issued and sent to all Bar Associations across Delhi with the request to sensitize bar members. But it appears that the same has not been done,”
The conduct of advocates during court proceedings whether physical or virtual is governed by the Bar Council of India Rules under the Advocates Act, 1961.
Advocates Act, 1961
- Section 49(1)(c): Empowers the Bar Council of India (BCI) to make rules regarding the standards of professional conduct and etiquette to be observed by advocates.
Bar Council of India Rules (Part VI, Chapter II – Standards of Professional Conduct and Etiquette):
- Rule 7: An advocate shall not wear bands or gowns in public places other than in courts, or on such ceremonial occasions where these are officially prescribed.
- Rule 15: An advocate shall conduct himself with dignity and self-respect during court proceedings.
- Rule 36: Advocates should not act in a manner that is unbecoming of the legal profession.
Case Title: Suraj Das vs. State NCT of Delhi
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