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Plea in HC against designation of senior advocates

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Press Trust of India New Delhi
Last Updated : Jul 22 2016 | 11:22 PM IST
A lawyers body today moved the Delhi High Court questioning the Supreme Court rule on the issue of designating a lawyer as senior advocate and contended that it creates a different class of lawyers.
The hearing on the issue did not go down well prompting judges of the bench comprising Chief Justice G Rohini and Justice Sangita Dhingra Sehgal to recuse themselves from hearing it.
The bench, which was not happy with the manner in which the counsel for the petitioners argued, referred the plea to another bench for hearing it on August 1.
The National Lawyers' Campaign For Judicial Transparency And Reforms had alleged that designating only some advocates as 'seniors' violates the fundamental rights of life, free speech, equal opportunity in employment and others guaranteed under the Constitution as it creates a different class of lawyers.
The plea also sought that the provisions in the Advocate Act which create this distinction be declared ultra vires the Constitution and void ab initio.
Chief Justice G Rohini refused to hear the matter after advocate Mathews Nedumpara, appearing for the lawyers body, did not listen to some of the queries of the bench and wanted to argue the matter without answering them.
The petition also seeks that the Supreme Court rule under which an advocate is designated as 'senior' be declared void ab initio as it is allegedly "inconsistent and in violation of the fundamental rights".
It has also sought direction to the Bar Council of India and the Centre to abolish Section 16 of the Advocates Act, 1961 which the advocates claim creates classes amongst lawyers.

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First Published: Jul 22 2016 | 11:22 PM IST

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