HT Bureau
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DIPHU, July 14: The advocates of Diphu Bar Association (DBA) in Diphu Judicial Court have raised serious allegations against certain members of DBA, claiming that they are unilaterally formulating rules that discourage newly enrolled advocates and deny them their right to practice.
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During a press conference held at the DBA premises, practicing advocate Dhanison Lekthe stated that the aggrieved advocates have submitted a grievance letter to the District and Session Judge of Diphu Judicial Court regarding the DBA’s actions.
According to the letter, Lekthe explained that on July 5, certain members of the DBA convened an unauthorised Executive Committee (EC) meeting. The meeting was called by the joint secretary without the formal consent of the president or secretary of DBA, thus violating the association’s code. The meeting was attended by the president, vice president, joint secretary, and one executive member.
Lekthe further revealed that during the July 5 EC meeting, a resolution was passed deeming the present constitution of DBA invalid. If this resolution holds true, it implies that the current DBA cannot exist. Another resolution passed stated that candidates running for the positions of president and secretary in DBA must have practiced for 20 years and possess property in the locality. Lekthe asserted that the July 5 EC meeting was unconstitutional and invalid.
Echoing Lekthe’s concerns, advocate Shorjun Hanse highlighted that during a previous EC meeting on March 27, the DBA had set criteria for advocates to appear before any court. However, there are no provisions in the Advocates Act of 1961 or the rules prescribed by the Bar Council of India (BCI) that require obtaining a two-year practice certificate. The rule imposed by DBA, which restricts advocates from pleading before any courts, is arbitrary, unconstitutional, and violates sections 30 and 33 of the Advocates Act of 1931, as well as the fundamental rights stated in Article 19 (g) of the Indian Constitution.
Hanse further stated that some bench assistants and public prosecutors in Diphu Judicial Court have been mistreating junior advocates within the courtroom, thereby undermining the dignity of advocates who hold an important position in the courtroom.
Hanse emphasised the urgent need for the formation of an ad hoc committee within DBA to ensure that all newly enrolled advocates, who have cleared the All India Bar Examination and are already enrolled in the State Bar, are granted the right to practice before any court in accordance with the provisions and rights outlined in sections 30 and 33 of the Advocates Act of 1961.
