PURUSHOTTAM GIRI Vs. D D C BULANDSHAHR
LAWS(ALL)-2006-7-57
HIGH COURT OF ALLAHABAD
Decided on July 25,2006

PURUSHOTTAM GIRI Appellant
VERSUS
D D C BULANDSHAHR Respondents

JUDGEMENT

- (1.) S. N. Srivastava, J. While being seized of writ petition aforestated, my attention alighted on the fact that Vakalatnama filed by the learned Counsel for the petitioner was lacking in requisite details and consequently, certain guidelines were formulated to be followed and observed in compliance. The guidelines are excerpted below : "similar disquieting situation prevails in the subordinate Courts where according to the Bar Council Resolution dated 10-12-1989, unscrupulous elements can be seen to be playing tricks with the Courts bringing disrepute to the judiciary as well as to the dignity of the lawyers community. In my considered view there is compelling need to amend the statutory Rules pertaining to subordinate Courts as well on similar lines. Till such amendments are effected in the statutory rules, it would be in the fitness of things to circulate a copy of this judgment to all the District Judges/all the Chairman of the Tribunals/chief Secretary, U. P. Shasan Lucknow for strict compliance with the resolution of the Bar Council of the State of U. P. It may be suggested that the District Judges and all authorities concerned in State of U. P. shall maintain a register docketing complete details about the lawyers practising, which may be duly prepared upon verification of original enrolment certificates of an Advocate and whenever any Vakalatnama is filed and in case of any suspicion about the authenticity of registration/enrolment number, the same may be verified from such register and only then the matter may be processed for being presented before the Courts/tribunals etc. It may be quipped here for edification that so far as High Court is concerned Rules of the Court have already been amended and in pursuance thereof list of Advocates is being processed. " The case aforesaid was directed to be listed on 7-7-2006. Today, the case being on board was taken up in order to take stock of the progress made pursuant to the above direction.
(2.) LEARNED Standing Counsel as also Sri Pankaj Naqvi, appearing for U. P. Bar Council drew attention of the Court to some difficulty giving it the complexion of veritable difficulty being experienced by the various authorities in maintaining register so directed to be prepared and maintained pursuant to the aforesaid order. As a matter of fact, register was required by means of aforesaid order to be maintained by all concerned including the authorities of Board of Revenue, all the Tribunals, all consolidation authorities and all the revenue authorities where appearance of a lawyer is indispensable. The learned Standing Counsel suggested modification in the earlier order adding that a common register should be directed to be maintained at one place in a district to streamline the process of identification which may serve as a nodal/model register to serve the requirements in a district and ultimately, it was suggested that the earlier order of the Court may be modified accordingly. In the light of the above suggestion, the following directions are issued with a view to streamlining the details about lawyers practising in a district and in case of any suspicion about the veracity of details about a lawyer, the details docketed in such register shall be treated as authenticated details to serve as guidance to all concerned : (1) The register about details of lawyers practising in District Court shall be maintained at the end of the District Judge and the same shall be prepared under the supervision and control of the District Judge or any Additional District Judge so authorized by the District Judge. (2) Each and every practising Advocate shall furnish requisite details about himself by means of an application duly signed by him and such details would include residential address, police station, postal address and telephone number etc. besides the authenticated copy of enrolment and the undertaking that he has not made any application anywhere else for enlisting his name in the register aforestated except the district in which he has been practising. (3) The District Judge shall maintain complete record on the basis of such record submitted by the Advocates as postulated in the amendment made in the relevant Rules. (4) A similar register shall be prepared and maintained in the High Court containing all requisite details as stated supra. (5) That the register so prepared shall be transmitted to the Bar council as also to the High Court for being verified and authenticated. (6) The other authorities including all the tribunals situated in a district such as Trade Tax Tribunal, Income Tax Tribunals etc. may seek authenticated details about the lawyers from the register so maintained at the end of the District Judge. The modification aforestated shall form part of the original order of this Court dated 3-3-2006.
(3.) THE matter may be listed after two months. THE progress made pursuant to the directions aforesaid will be monitored on the next date. THE learned Standing Counsel shall collate and collect information in the matter for being produced before the Court on the next date fixed in the case. Registrar General of this Court be also apprised of this order for being communicated to all the District Judges for appropriate action. In so far as this Court is concerned, the Registrar General shall take expeditious steps for enlisting of Advocates practising in this Court in the register alongwith all the requisite details in terms of directions contained in the body of this order. Decided accordingly. .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.