PRAYAG DAS Vs. CIVIL JUDGE BULANDSHAHR

JUDGEMENT

(1.) THE petitioner, an Advocate practising in the Mofussil Courts at Bulandshahr, takes exception to the dress prescribed for Advocates and challenges the power to impose any fetters on the ground of dress on an Advocate's right to practice in the courts in this State. He has, there fore, filed this writ petition under Article 226 of the Constitution praying that the impugn ed orders of the Civil Judge, Bulandshahr (respondent No. 1) preventing him from ap pearing in his court and also Rule 615, Gene ral Rules (Civil), 1957 be quashed and that a writ, order or direction in the nature of mandamus be issued

(2.) THE petitioner claims to have launched a crusade for securing recognition to Dhoti and Kurta as court dress. For that purpose he gave notice to the High Court, the District Judge, Bulandshahr and other Civil Judges of Bulandshahr, Bar Council, Uttar Pradesh, Bar Council of India and the two Bar Associations of Bulandshahr to the effect that he shall wear Dhoti and Kurta in courts from 5-2-1973. Pursuant to that ob ject the petitioner chose to appear before the respondent No. 1 in Kurta and Dhoti in a consolidation reference on 17-2-1973. The learned Civil Judge passed order (Annexure 5) that since the applicant was not in proper dress he refused to permit him to put his appearance in his court. On an application moved by the petitioner's client the respon dent No. 1 passed another order on 27-2-1973 (Annexure 7) affirming his previous order and holding that the petitioner shall not be entitled to put in appearance in the case until he appeared in the prescribed dress before the court.

(3.) THE petitioner's contention is that the above rule is no longer good law in view of the rules framed by the High Court and the Bar Council under the Advocates Act, 1961. In the alternative the argument was that the dress worn by the petitioner on 17-2-1973 before the respondent No. 1 did not contravene the said rule and that at all events the dress prescribed by that rule was arbitrary and derogatory to national esteem and Indian culture.