Standing before judge archaic: Lawyer

Gurvinder Singh

Tribune News Service

Ludhiana, July 14

Think of a typical court, and image of an advocate standing while arguing before the judge immediately conjures up. But that might soon change, thanks to Ludhiana-based lawyer Hariom Jindal.

Standing before a judge, Jindal would often wonder why advocates are supposed to stand before judges in courts while arguing the cases, despite the fact that their basic qualification is essentially the same, just that some law graduates decide to practise law, the others go for judicial services. Being an unrelenting ‘advocate’ of human rights, who has set up a number of schools in the slums of the city, which has also won him a state award, Jindal points out why can’t advocates simply sit and argue cases in courts.

He wanted to know if there is any such rule which mandates advocates to stand while addressing the court. But after filing RTIs with the Supreme Court, he found that there is no such rule. He then filed a complaint to the National Human Rights Commission, pointing out that respect and dignity of advocates is a vital concern in this matter. “There is no rule that mandates advocates to remain in standing position while addressing the court. Therefore, human dignity and honour of every advocate should be restored by giving suitable directions to the government,” he stated. Seeing the points valid, the Commission has also found it ‘appropriate’ to forward the complaint to the Bar Council of India and take appropriate action.

Jindal says the tradition of being ‘on legs’ for advocates is an archaic British-era tradition, which was made to force Indians respect the British. It should have been done away with immediately after Independence. Advocates practising at various courts, whose age is from early 20 to above 90, don’t have their own ‘face’, they only represent litigants. Nor are they criminals. Both judge and advocates are officers of the court, he says.

Jindal believes ending such a tradition is also important for proper delivery of justice. “Due to such tradition and inhuman treatment, an advocate tends to feel inferior to a judge when he enters a court, and if he feels so, he cannot discuss a case properly with a judge. If the cases are not discussed in a proper way, how can delivery of justice be done,” says Jindal.