A nervous ‘Junior Officer-of-Court’ made a wrong statement at Bar for pass over, Cost the Senior a dismissal order.

We just had our month-long vacation. The Court reopened with a fresh breed of “budding lawyers”. Lawyers who just enrolled as advocates on roll of Bar Council. Usually, the Court starts at 11 AM. We also get recess/lunch-break between 1:45 to 2:30. If any lawyer has any urgency, he can mention (or appraise) the bench at 11o’clock or at 2:30. These mentioning time is considered as “Net-practice session” for fresh lawyers. But, most of the fresh lawyers from V year law courses believe that the Moot Court competition provides a good chance to the Law students to “open up” before the Judges. As a result, most of them have no fear for making mentioning before the Court. This is a welcoming development and I considered this as a good change. Until I was told by one of the ‘learned Senior Friend’ that the “junior lawyers[1]” are taking mentioning too casually. They think that just repeating the words/request of a senior before the bench, without even reading the files or knowing the bare controversy of the case, is mentioning. In reality, the ‘junior’ must know the purpose for which he is mentioning the case; you must know while seeking urgent circulation of a matter, the urgency involved in the matter, he explained.  He also raised one serious issue that many a times ‘junior’ made incorrect statement while replying the query of the Judge. This ‘Senior’ gave me one citation[2] and asked me to read it. He told that a wrong statement of a Junior lawyer cause dismissal of an Appeal.

I must accept that there is some truth in his “opinion” about juniors. But I think it can’t be generalize that Juniors are taking Court proceedings too casually. In fact, it is about what we see and not what we read. The Courts are over-burdened; therefore, they want quick ‘mentioning’. In this quickness, the decorum of the Court and archaic language suffers. But, i must thank him for giving me the Citation which I may use against my opponent if 'his junior' makes wrong statement at Bar.

May I have your liberty:

Has the quality of bar gone down compared to the past?

Justice Chelameswar: The bar can certainly do better.

[1] The Advocates Act does not differentiate Junior Lawyer or Senior Lawyer. Please do not confuse ‘Designated Senior Counsel” with “Senior Lawyer”. Senior Lawyer is about ageing and Designation is about contribution in the field of law.

[2] 2000(7) SCALE 610; Nafar Chandra Jute Mills Ltd. Vs. United Bank of India and Ors. The Case-note of the Apex Court reads: Constitution - Pass over - False statement made by advocate for pass over - Held, nervousness would not bring to a junior advocate the thought of making the excuse of medicines - A false statement was made to keep the matter going, till Counsel could appear, which would not tolerate - Court would not tolerate false statements made to it at the Bar, whether by a junior advocate or by anybody else – Hence, appeal dismissed.