- When widely it is misused, and it is reflecting on the profession - why not the Bar Council give up the use of Advocate stickers.
- What is the lawful sanctity of the advocate sticker?
- Misuse of Advocates stickers by Law students highlighted in Madras HC by a plea.
"Sticking of Advocate’s logo is an informal practice, unfortunately, is a longstanding and widely accepted arrangement." -Adv. P. Venu
While answering a query on LAWyersClubIndia, Expert Advocate P. Venu marked the decision of Madras HC, in which the Madras High Court looked for a reaction concerning whether Advocate stickers ought to be prohibited if they are abused to sidestep the law.
While managing a PIL moved by one, Ramesh, the Madurai Bench of Justices N Kirubakaran and B Pugalendhi were informed that some law students were abusing Advocate stickers on their vehicles to avoid the police.
The Court additionally noticed that there have been a few media reports asserting that Advocate stickers have been abused by goondas to bring contraband and other criminal operations.
This drove the Bench to address whether stickers from Supporters ought to be prohibited because they are being utilized for criminal operations. In such a manner, the Court's inquiries include:
• Whether the Advocate sticker is lawfully approved and whether it has lawful authorization?
• Why shouldn't the Court boycott the Advocate sticker as it is being utilized for crimes by staying it in the vehicles to threaten the Police and break from the grasp of the law?
Among the respondents, the State, the Director-General of Police, the Bar Council of India, the Tamil Nadu Bar Council, the Pondicherry Bar Association, the Madras Bar Association, the Madras High Court Advocates' Association, the Women Advocate Association, the Madurai Bar Association and other unmistakable Bar Associations in Tamil Nadu were welcomed suo moto by the Court to react to these inquiries.
Normally, the matter will be viewed as in the not-so-distant future.
What is the legitimate holiness of Advocate stickers? Madras High Court inquires
"When broadly it is abused, and it is pondering the calling - why not the Bar Council abandon this (Advocate stickers)?", the Court orally commented.
Considering the wide abuse of Advocate stickers on vehicles to dodge the law, the Madras High Court again pondered on why the utilization of such stickers ought not to be surrendered out and out.
"If widely it has been misused, why we have to stick on to that? … It (misuse) will reflect on the profession... after knowing there is a security of using advocates' sticker, people are using ... (thinking that) by becoming advocates we can escape the law, all are becoming lawyers", the Court orally noticed.
When generally it is abused, and it is considering awful the calling - why not the Bar Council abandon this (Advocate stickers)?
WHAT IS THE LAWFUL SANCTITY OF THE ADVOCATE STICKER?
Managing an appeal claiming the abuse of advocate stickers by law students, the Bench of Justices N Kurubakaran and B Pugalendhi today additionally questioned after the lawful sanctity of such stickers (Ramesh v. The Vice-Chancellor, Dr Ambedkar Law University).
"To start with, what is the legitimate holiness of the sticker? Where is the arrangement? Is the force gotten from any standard or resolution?" Justice Kirubakaran inquired.
During the conference, the counsel showing up for the Bar Council of Tamil Nadu and Puducherry educated the High Court that a goal has been passed as of late to prohibit the abuse of the sticker, which has been circled to applicable police authorities.
A proposal was likewise made that bar affiliations should order that legal counsellors just buy the advocate sticker from the Bar Council. Along these lines, the police might have the option to get unapproved stickers, it was submitted. The Bench, nonetheless, communicated distrust over how far the measure may demonstrate successful, given that Advocate stickers might be handily created.
"Individuals are creating calling letter and NEET card. It isn't troublesome... Everything is manufactured. At the point when the NEET mark sheet is manufactured and call letter is additionally created, the sky is the limit", the Court stated.
Advocate Stickers needed to secure parking at courts
A submission was made during the hearing that Advocate stickers were required also to ensure that non-lawyers do not take over the limited parking space at Court premises.
The Bench, however, retorted that no layman can walk into the High Court just like that. If there is any suspicion, the Bar Council ID can be demanded, the Court pointed out.
The Court proceeded to take critical note that some lawyers resist when they are asked to show their Bar Council ID.
"You people (act like you) are Presidents of America. Even if police ask, you say 'who are you? This is our court'", the Bench commented, adding that such an attitude only encourages errant lawyers.
"On the off chance that police ask, and you show ID card there won't be an issue. In any case, your personality is contacted, you won't show the card", the Court said.
A counsel presented that there might be situations where a legal advisor in a rush might not have the opportunity to show his ID.
"Assume they are in criticalness, you will most likely be unable to ask such things", he called attention to.
The Court was, notwithstanding, not dazzling.
"We've been hearing these things for quite a while ... Would you be able to give affirmation if a cop comes and asks, you will show it (ID card?)", they inquired.
Before leaving behind the matter today, notwithstanding, the Bench has given bearings so the Madurai High Court vault might be drawn nearer so that parking garages can be relegated to enlisted legal advisors similarly as it is being done at the chief Bench of the High Court at Chennai.
ATTORNEYS SHOULD DESERVE ADMIRATION, NOT INTEREST IT
Legal advisors have not guaranteed that they are a favoured class, another counsel said something in the wake of looking for the Court's authorization to talk. Stickers are needed for distinguishing proof purposes and for stopping purposes, he added.
"That is being abused. Indeed, even taxicabs are utilizing it", the Court countered.
The council asked the Court to give some time so a framework might be set up to guarantee that lone the Bar Council gives the stickers. The individuals who abuse the sticker might be rebuffed for pantomime, he added.
He further presented that however a few protests are made over the abuse of stickers, which are additionally discovered glued on lorries and ambulances, the police have neglected to act.
The Court, notwithstanding, saw that this isn't astounding given the grating among legal counsellors and the police. The Bench added,
"We are not defending it, (however) our direct ought to be truly good. We (legal counsellors) should deserve admiration, not interest regard. It used to be an honourable calling. Presently we are looking for honorability in the calling, we were unable to discover it."
The meeting additionally saw the Bench add,
"... 1,800 law universities and 5 lakh law graduates are coming out and buying law degrees. This isn't everyone... However, law universities are selling... where there is no need to compose or breeze through tests - everything is in bundles… You know, goondas have become legal advisors."
"Step by step we are losing respectability", the attorney conceded, even though he asserted that the deficiency is common (on both the police and legal counsellors).
The matter has been posted for the additional conference. The Bench added that composed contentions may likewise be documented in the matter. A reaction documented by the DGP was taken on record.