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Madhya Pradesh High Court · body

2013 DIGILAW 120 (MP)

Vinod Kumar Bharadwaj v. State of M. P.

2013-01-24

G.D.Saxena, S.K.Gangele

body2013
ORDER Gangele, J. -- 1. This Public Interest Litigation has been filed by a senior advocate in representative capacity for issuance of a direction to the State to the effect that the electricity charges of electricity consumed in the Bar Association rooms or rooms provided by the Court to the members of the Bar Association be paid by the State Government. 2. The petitioner has pleaded that he is a senior advocate practising in the District Court and High Court since a long time. More than one bar rooms have been provided by the Courts for the purpose of sitting of bar members during Courts hours. The advocates used to sit in the bar rooms, they consult with their clients in the bar rooms and they also used to read and prepare their briefs in the bar room when they are not required to appear before the Court. It is further submitted that it is a part and parcel of the process of administration of justice and the Government has responsibility to bear expenses for the administration of justice, however, the electricity charges of the electricity consumed in the bar room have been paid by the Bar Association and it has to be paid by the Government. It is further submitted that the Hon’ble Supreme Court is paying all the electricity charges of Bar Association Rooms, even the Supreme Court is providing other facilities also. In other States like Rajasthan, the Government used to pay electricity charges of electricity consumed in the bar rooms. It is further pleaded that for the purpose of effective administration of justice, the Government has to provide expenditure for well equipped Bar rooms including library and electricity charges. 3. The State Government in its return denied the claim of the petitioner. It has pleaded in the return that each and every Bar Association has affiliation with State Bar Council of Madhya Pradesh, which is a statutory body. The Bar Association also receives contribution from its members as monthly fee. The State Bar Council also receives application fee of Rs.1,000/-, Registration fee Rs.11,200/- from each advocate at the time of registration. The State Bar Council has sufficient funds to pay the electricity charges of Bar rooms of the Court. The Bar Association also receives contribution from its members as monthly fee. The State Bar Council also receives application fee of Rs.1,000/-, Registration fee Rs.11,200/- from each advocate at the time of registration. The State Bar Council has sufficient funds to pay the electricity charges of Bar rooms of the Court. It is further pleaded that the advocates are in a profession and for their benefits bar rooms have been provided and for the purpose of maintenance of bar rooms, it is the duty of the advocates to pay monthly contribution and maintain the same. 4. In the return, the State has opposed the plea of the petitioner, however, during course of arguments, learned Additional Advocate General has produced certain papers to the effect that the process of decision making is going on in regard to payment of electricity bills of bar rooms in the Court premises by the Government. Learned Additional Advocate General informed the Court that a Vakil Panchayat was held on 12.8.2012 at the residence of Hon’ble the Chief Minister and in the aforesaid Panchayat, Hon’ble the Chief Minister made a declaration that the State Government shall provide the electricity charges of the bar rooms and for the purpose of implementation of the declaration, a committee of Hon’ble the Chief Minister, Chief Secretary, Advocate General and Private Secretary of Law has been constituted and the matter is under active consideration of the Government. Learned Additional Advocate General further produced a letter dated 29.9.2012 written by the Secretary Law and Legislature, State of M.P. to the Registrar General, in which, it is mentioned that how much amount shall be required for the purpose of payment of electricity charges of sitting places of litigants in the Court premises. In this letter, the expenses in regard to providing tube-lights and fans in the Court premises is also included. The Registrar (Establishment) vide letter dated 3.1.2013 informed the Government in regard to amount which would be required for payment of electricity charges in pursuance to the letter of Law Secretary. Learned Additional Advocate General has submitted that on the basis of aforesaid correspondences, a decision would be taken within a certain period and the matter is under active consideration before the Government. 5. Learned senior counsel-petitioner in person himself has contended that the Government has made number of declarations, but those have not been followed. Learned Additional Advocate General has submitted that on the basis of aforesaid correspondences, a decision would be taken within a certain period and the matter is under active consideration before the Government. 5. Learned senior counsel-petitioner in person himself has contended that the Government has made number of declarations, but those have not been followed. It is further submitted that the profession of the advocates is part and parcel of administration of justice and the advocates are the officers of the Courts, hence, it is obligatory and mandatory for the State to provide free electricity to the bar rooms situate in the Court premises and it is necessary to decide the aforesaid rights of the advocates i.e. Bar Association in principal and it could not be left on the mercy of the State Government. 6. It is well settled principle of law from century that the advocates are officers of the Court. The Hon’ble Supreme Court in Lalit Mohan Das v. The Advocate General, Orissa and another [ AIR 1957 SC 250 ], has held as under : “A member of the Bar undoubtedly owes a duty to his client and must place before the Court all that can fairly and reasonable be submitted on behalf of his client. He may even submit that a particular order is not correct and may ask for a review of that order. At the same time, a member of the Bar is an officer of the Court and owes a duty to the Court in which he is appearing. He must uphold the dignity and decorum of the Court and must not do anything to bring the Court itself into disrepute.” 7. The Hon’ble Supreme Court in the case of O.P. Sharma and others v. High Court of Punjab and Haryana [ (2011)6 SCC 86 ], has held as under in regard to right and status of lawyers and duty of the advocates : “The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation’s administration was to be governed by the rule of law. They were considered intellectuals amongst the downtrodden. The role of lawyers in the framing of the Constitution needs no special mention. They were considered intellectuals amongst the downtrodden. The role of lawyers in the framing of the Constitution needs no special mention. In a profession with such a vivid history it is regretful, to say the least, to witness instances of the nature of the present kind. Lawyers are the officers of the Court in the administration of justice. The Bench as well as the Bar has to avoid unwarranted situations or trivial issues that hamper the cause of justice and are in no one’s interest. A lawyer cannot be a mere mouthpiece of his client and cannot associate himself with his client in maligning the reputation of a judicial officer merely because his client failed to secure the desired order from the said officer. A deliberate attempt to scandalise the Court which would shake the confidence of the litigating public in the system and would cause a very serious damage to the name of the judiciary. An advocate’s duty is as important as that of a Judge. Advocates have a large responsibility towards the society. A client’s relationship with his/her advocate is underlined by utmost trust. An advocate is expected to act with utmost sincerity and respect. In all professional functions, an advocate should be diligent and his conduct should also be diligent and should conform to the requirements of the law by which an advocate plays a vital role in the preservation of society and justice system. An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. Any violation of the principles of professional ethics by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system. An advocate should be dignified in his dealings to the Court, to his fellow lawyers and to the litigants. He should have integrity in abundance and should never do anything that erodes his credibility. An advocate has a duty to enlighten and encourage the juniors in the profession. An ideal advocate should believe that the legal profession has an element of service also and associates with legal service activities. Most importantly, he should faithfully abide by the standards of professional conduct and etiquette prescribed by the Bar Council of India in Chapter II, Part VI of the Bar Council of India Rules. An ideal advocate should believe that the legal profession has an element of service also and associates with legal service activities. Most importantly, he should faithfully abide by the standards of professional conduct and etiquette prescribed by the Bar Council of India in Chapter II, Part VI of the Bar Council of India Rules. As a rule, an advocate being a member of the legal profession has a social duty to show the people a beacon of light by his conduct and actions rather than being adamant on an unwarranted and uncalled for issue.” It is clearly mentioned in the aforesaid judgment that the lawyers are the officers of the Court in the administration of justice. 8. The Hon’ble Supreme Court in the case of Supreme Court of Bar Association and others v. B.D. Kaushik [ (2011)13 SCC 774 ], has observed as under to the effect that the Supreme Court is providing numbers of facilities to the advocates practising in the Supreme Court : “80. This Court has considered the request made by the learned counsel appearing in the matter to give appropriate directions/guidelines for effective implementation of “One Bar One Vote” principle enunciated by the amended rule. It is a matter of common knowledge that this Court has provided four huge libraries, three canteens, two lounges, several rooms to be used as consultation rooms where learned advocates regularly practising in this Court can consult with their clients, arbitration rooms, advocates’ chambers, huge parking places, free use of electricity supply, etc. to the members of SCBA. It is not in dispute that there are about ten thousand members of SCBA at present though the actual number of advocates/practitioners, who are regularly practising in this Court is not more than two thousand five hundred out of which there are about nine hundred Advocates-on-Record.” 9. The Hon’ble Supreme Court in the case of Sudha v. President Advocates Associations, Chennai and others [ (2010)14 SCC 114 ], has held as under about the legal profession : “40. The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification prescribed by different universities, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the Court. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification prescribed by different universities, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the Court. The legal profession is different from other professions in that what the lawyers do, affects not only an individual but the administration of justice which is the foundation of the civilised society. Both as a leading member of the intelligentsia of the society and as an intelligent citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The different Associations of the members of the Bar are being formed to show the strength of lawyers in case of necessity. The lawyer while exercising vote in an election of office-bearers of the Association must conduct himself in an exemplary manner. Those who are concerned about the high standard of the profession are supposed to take appropriate action to see that the election takes place peacefully and in an organised manner.” It is clear from the aforesaid judgment that the legal profession has an effective and direct association with the administration of justice. 10. The Hon’ble Single Judge of Karnataka in the case of Advocates’ Association, Bangalore v. The Chief Minister, Government of Karnataka, Bangalore and others [AIR 1997 Karnataka 18], has held as under in regard to duties discharged by the advocates and obligations of the Government to provide facilities to the Bar Association : “The nature of the duties discharged by an advocate is in the nature of a public duty. The accommodation/building for an association must be construed and treated as part and parcel of the building of the Court or Court complex, and it cannot be treated differently from the building required for housing of Courts. There cannot be effective working of judicial system or functioning of Administration of Justice in a democratic polity, unless the lawyers and Judges work in the system as complementary for each other. They are the two limbs of the system or can be compared to the two wheels of a chariot of justice. There cannot be effective working of judicial system or functioning of Administration of Justice in a democratic polity, unless the lawyers and Judges work in the system as complementary for each other. They are the two limbs of the system or can be compared to the two wheels of a chariot of justice. The chariot of justice cannot move or achieve the desired object unless both the wheels work and function complementary to each other. Just as the need of highly competent, honest and devoted judiciary is a must for the protection of rule of law, competent, honest and devoted bar is also a must. Therefore, in a country like ours where the majority of the advocates are not in a position to acquire necessary tools or facilities required by them for effective discharge of their professional duties, a duty is cast on the State to provide minimum facilities like building for an Advocate’s Association, minimum library and other facilities to the Advocates’ Assotion.It cannot be disputed that the need of an independent, strong, efficient and honest judiciary for maintenance of rule of law and for the continued existence of democratic form of Government which we have accepted. It also cannot be disputed that the source of recruitment, whether for higher judiciary or subordinate judiciary, is from the Bar.” In the aforesaid judgment, it is held that it is obligatory on the part of the Government to provide free electricity to the Bar Association. 11. From the aforesaid quoted judgments of the Hon’ble Supreme Court and the High Court, it is well settled principle of law that the profession of an advocate is not mere a profession. The advocates are officers of the Court, they have their duty towards their clients and also towards the Court and an efficient and intelligent bar is necessary for the effective administration of justice. If the bar does not have proper facilities in the Court premises, then the administration of justice would be affected adversely as observed by the Hon’ble Supreme Court in the case of Supreme Court of Bar Association and others (supra). The Supreme Court is providing four huge libraries, three canteens, two lounges, several rooms as consultation rooms, parking places and free use of electricity supply to the members of the Supreme Court’s Bar Association. The Supreme Court is providing four huge libraries, three canteens, two lounges, several rooms as consultation rooms, parking places and free use of electricity supply to the members of the Supreme Court’s Bar Association. It is a common knowledge that the members of the Supreme Court Bar Association have been earning much more than the members of the High Court Bar Association or District Court Bar Association or Tahsil Court Bar Association, when they are being provided facilities of free electricity, then certainly the members who are working in the High Court, District Courts and Tahsil Courts are also eligible to get free electricity in the Bar rooms officially provided in the Courts premises. The State Government cannot ignore this aspect of administration of justice to the effect that for providing facilities to the advocates in practising so that they can effectively practice before the Courts. During Court working hours, the advocates have a facility to sit in the Bar rooms, which is officially provided by the Courts. In the aforesaid Bar rooms, they used to sit when they are not required to appear in the Court, they used to read the files and law books and also used to consult with their clients and when it is held that the profession of the advocates is not merely a profession but the advocates are officers of the Court, then, certainly they are entitled to get some facilities, consequently it naturally follows the electricity charges of the electricity consumed in the Bar rooms officially provided by the Court shall be paid by the State Government. It does not mean that the State Government has to provide Air-conditioning charges in the Bar rooms. It is obligatory on the part of the Government to bear electricity expenses of fans, tube-lights and bulbs and also of coolers during summer season in the Bar rooms of High Court, District Courts and Tahsil Courts officially provided by the Courts. 12. We have made these observations in regard to the District Courts which are within the jurisdiction of this Bench and also the Bar rooms of the High Court of Gwalior Bench, because this Bench has jurisdiction to issue direction within the jurisdiction of Gwalior Bench. We also appreciate the gesture of the Government that it has itself taken an initiative in this regard. We also appreciate the gesture of the Government that it has itself taken an initiative in this regard. We hope that the Government shall take proper decision in this regard within a particular time. 13. Consequently, this Public Interest Litigation is allowed with the following directions : (i) The Government is responsible to pay the electricity charges of the electricity consumed by the electricity appliances i.e. bulbs, tube-lights and fans also coolers during summer season in the notified Bar rooms of the District Courts and other Courts situated within the territorial jurisdiction of this Bench. (ii) The Government is also liable to pay electricity charges of electricity appliances of the notified Bar rooms of the High Court of M.P. Gwalior Bench. (iii) The Government can verify the expenses in this regard from the Public Works Department and shall pay the same to the High Court as an additional allotment so the High Court can provide free electricity charges to the notified Bar rooms of the Bar Associations. We are not fixing any time limit to carry out these directions because the matter is under active consideration before the Government. We hope that the Government shall take a decision in this regard within reasonable time. (iv) It is further clarified that these directions would be applicable to the Courts which are within the territorial jurisdiction of Gwalior Bench and to the High Court of Madhya Pradesh Bench Gwalior. No order as to costs.