Present status of rule 7 of chapter iii part 6 of the bar council of india rules
Hetal Modasia
(Querist) 22 March 2012
This query is : Resolved
That as per Rule 7 of Chapter III Part 6 of the Bar Council of India Rules, "a Judicial Officer after his retirement or otherwise ceasing to be in service for any reasons, if enrolled as an Advocate shall not practice in any of the Judicial, administrative Courts / Tribunals / authorities which are presided over by an officer equivalent or lower to the post which such officer last held". I would like to know whether this rule is still in force, or has it been stayed by any Court of law or declared ultra virus, etc.
There is no valid ground to allow the judicial officer to serve as advocate before any of the judge below his last service status on account of the following two strong reasons:
1) To serve before the judge below his status would be below his own dignity; and
2) There would always be a danger of the judge falling prey to the influence of the retired senior judge and the judgment would become biased.
Hetal Modasia
(Querist) 28 March 2012
Thanks Mr. Dhingra. But i wanted to know whether SC or any HC has stayed operation of this Rule?
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