Ex JMFC as a lawyer
Jainodin shaikh
(Querist) 16 January 2009
This query is : Resolved
If an ex JMFC is practising in a court of magistrate situated in the city in which he/she has been a magistrate(JMFC); what should be the role & duty of the court, the lawyer(ex JMFC) in question and the oposite party's lawyer?
PALNITKAR V.V.
(Expert) 16 January 2009
According to new rule framed by the Bar Council of India, a judge after leaving the post is not entitled to practice before the court of the same rank or lower rank. Thus a District Judge is not entitled to practice in the District court or lower court. He has to practise in the courts above the rank of District court. A writ petition is filed in Bombay High court to set aside that rule. Karnataka HC has stayed the rule See the news below.
Stay on Bar Council rule
DH News Service, Bangalore:
The High Court on Thursday stayed the Bar Council of India (BCI)’s circular directed the State Bar Council to prohibit retired judicial officers from practising law before the courts or tribunals presided over by officers equivalent or lower in cadre to the post last held by them.
A writ petition by former judicial member of Railways Claims Tribunal, V Padmanabha Kedilaya, now enrolled with State Bar Council, impugned the amendment effected to Rule 7 of BCI Rules. He asked the court to quash directions issued by BCI on December 22 last.
He contended the prohibition prevented him from practising before any subordinate court or tribunal in the State. Justice K L Manjunath stayed the operation of the BCI directions.
I do not know to which state you belong to. But check the Judges Service rules. In maharashtra, a judge is not allowed to practise for two years before the court of the same rank at a place from where he left.
A. A. JOSE
(Expert) 17 January 2009
Unless Lawyers like Mr.Shaikh are bold enough to get the BCI rule strictly enforced by taking initiatives and sparing some time for the purpose, no rule will be effective in our country. As regards the role of the court, advocates,etc., please note that if the lawyers stiffly oppose breach of the BCI rule by the ex-JMFC, the court is bound to accede to the same and if not the matter can thereafter be taken up before the higher judiciary as also before the BAR council to initiate actions for cancellation of Sanad/registration/licence of the ex.JMFC concerned. Of course, there must be collective actions from the Lawyer community, Bar council and all other concerned for the purpose which is, sadly, missing today as each one of us have vested interests for one or the other reason.
Jainodin shaikh
(Querist) 20 January 2009
Whether a Judge has power to restrain a Lawyer; from appearing before the court, who is not entitled to practise?
PALNITKAR V.V.
(Expert) 21 January 2009
Yes of course! Can any Tom, Dick , Harry appear in court to conduct the case like an advocate? If not then the provisions of the Advocate Act would become redundant.
