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My Lord

prasant pattnaik
01 December 2011  
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"What's in a name? That which we call a rose, by any other name would smell as sweet." Shakespearean Juliet echoed in Romeo and Juliet in Act II in Scene II.

But to some Judges, it really means something. They expect that, they should be addressed always as "My Lord", Mi Lord" has become the evolutionary form of address that dances in the tongue of a Lawyer.

Though the Britishers already left India, there are certain practices we Indians still continue (to preserve to acknowledge slavery). The question comes do we preserve as a relic or a monument in the memory of our "former Masters"? The address by the Lawyers in the High Courts and the Supreme Court, has the chronic observance of the ancient British style - "Mi Lord".

Even in the State and Central Administrative Tribunals, the Advocates make the same address, knowing throughly well that, the Tribunals are under the High Court which has the power of superintendence of all Courts and Tribunals throughout the territories in relation to which the High Court exercises jurisdiction, as provided by the provisions in Article 227 of the Constitution of India.

During the regime of Dr. G.K. Mishra, when he was the Chief Justice of the High Court of Odisha, the Full Court of the High Court, decided the matter on the mode of addressing the Court. The Registrar of our High Court Bar Association, Cuttack. the letter in  verbatim has been reiterated herein under:

"No.: 3355/16/72

From:

Sri K.P. Mohapatra, B.L.Registrar of the High Court of Orissa.

To

The Secretary of the Orissa High Court Bar Association, Cuttack. Dated.:Cuttack, the 27th April,1973.

Sub: Mode of addressing the Court.

Sir,

I am directed to say that in a meeting of the Full Court it has been decided that the Hon'ble Chief Justice of the Court may be addressed by the members of the Bar as "Mr Justice" and "Mr Chief Justice" respectively and when addressing the Court the form of address would be "This Hon'ble Court". Where in course of arguments it becomes difficult to address as Hon'ble Judge as "Mr Justice" he may be addressed as "Sir". It has been decided to introduce the new mode of address on and from 1st of May, 1973.

The mode of addressing the Court in memoranda of appeals and petitions filed before this Court shall be the following on the from 1st of May, 1973:

'To Hon'ble Sri......................................., The Chief Justice and his companion Justices of the High Court of Judicature, Orissa.'

I am, therefore, to request that the mode of address as above may be followed by the members of the Bar on and from 1st May, 1973.

Your's faithfully'

sd/-

K.P. Mahapatra.Registrar.

Everybody will agree that to observe the said decision of the Full Court strictly, neither the Hon'ble Court of Odisha nor the Orissa High Court Bar Association is taking any step. The reason ? God alone knows.

The mode of addressing the Courts and Tribunals in the Sub-ordinate Court strictly rug also requires a rethinking. The Lawyer addresses the Court as "Your Honour" since time immemorial. But the "noble profession" "Your Honour" etc. are sinking and stinking, in the modern sense, if seen through the lenses of reality and truth , but the hypocritical activity continues.

Till now the authorities under the Advocates Act of the Government or the High Court have not taken any steps on the subjects like mode of addressing in the Administrative Tribunals, Advocates dress in the said Tribunals etc.

But the flow of Ganga addressing the same old British conventional style of addressing the Courts exists. Thanks to our procedural hypocracy? May be the Advocates' believe in the ancient proverb:

"When the country runs, you should run in the middle" OR "Be a Roman in Rome".


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