NEW DELHI: The entire lawyer community is up in arms against the Government’s proposed move to enforce Section 30 of the Advocates Act (1961) in its amended form which will debar the members of the Bar from appearing in tribunals and other statutory courts including Family Courts.
In fact, the members of the Delhi Bar Association went on a strike against the “ill conceived” move of the Government maintaining that it was violate of fundamental right of the lawyers to practice their profession before any court or tribunal without letters. They called off their strike when the issue was taken up by the Bar Council of India.
The Minister of State for Law, Justice and Company Affairs, H.R.Bhardwaj, had, while ad dressing members of the Bar, assured them that their interests would be taken into account while amending section 30 of the Advocates Act. In return, he had impressed upon the lawyer community not to go on strike as it would adversely affect the interests of the litigants,
Now, V.C.Mishra, Chairman Bar Council of India, in a statement issued to the press, called upon the members of the Bar throughout the country to observe March 19 as a protest day against what they call the “Black Advocates (Second Amendment) Bill 1992 and demanding its immediate withdrawal.
The bone of contention is the amendment sought to be introduced to Section 30 of the Advocates Act (1961), The entire Bar of the country had opposed the amendment tooth and nail and has stood for the enforcement of the unamend act for the past 32 years. The amended section will debar the lawyer community from offering their services (0 the litigants as and when need arose before the courts and statutory tribunals. Having failed to persuade the Government, the Bar Council of India has now decided to adopt direct action to compel the Government to concede the demand of the Bar.
Interestingly, in a case, Aeltemesh Rein Vs Union of India, the Supreme Court had in 1988 issued a writ of mandamus to the Central Government to consider within a period of six months whether section 30 of the Advocates Act should be brought into force or not. It had noted that under the section, every advocate is entitled to appear before the courts, tribunals and other authorities or persons.
In his appeal issued March 15, Mishra appealed to the members of the Bar throughout the country to observe protest day at the district headquarters and inform the developments to the Bar Council of India immediately so that further line of action may be decided in the matter.
While the members of the Bar throughout the country will observe a day of protest, Mishra and Saradindu Biswas will court arrest at Boat Club on that day.
Article extracted from this publication >> March 19, 1993
