Sadruddin Meherali Suraji vs Ramzanali Yakubali Lakdawala
2001 Latest Caselaw 509 Bom

JUDGMENT

A.M. Khanwilkar, J.

Though appearances of two Advocates have been filed on behalf of the petitioner - none of them are present when the matter is called out, whereas petitioner appears in person and makes request for adjournment of the matter on the ground that his advocates have instructed him to take adjournment of two weeks. This request is made inspite of the conditional order passed in this case on 29.6.2001. It is distressing that though two advocates have entered appearance none of them have chosen to appear in Court and instead have asked their client to make request for an adjournment. This attitude of the counsel needs to be deprecated. Every counsel, who has filed appearance on record has duty towards the Court. Even on the last occasion neither of them appeared when the matter was called out resultantly forcing this Court to take unpleasant action of passing a conditional order. It is in the hands of the members of the legal profession to improve the quality of service they render both to the litigant public and to the Courts. This Court has observed in the recent past that some members of the Bar have been adopting perceptibly casual approach to the profession as is evident from their absence when the matters are called out. It is invariably observed that old matters which are taken up for final hearing the paper books are incomplete, pleadings are inaccurate, unpreparedness of Advocates, synopsis and chronology of events are not filed in advance nor tendered atleast at the commencement of the hearing of the case which would enable in limiting the length of hearing of that case. Many times documents are tendered across the Bar without personally verifying the same. The members of the Bar who act in such casual manner fail to realise the serious implications of their acts of commission and omission on the serene stream of justice delivery system. Such insensitive approach to profession results in demeaning the system as a whole, for the members of the Bar occupy special position in general and are the bedrock of the judicial system. Expectation of the society from the members of the legal fraternity is very high. They are supposed to be the role-models. To make the justice delivery system efficient, effective and credible, which is the need of the hour, there will have to be awakening amongst the members of the Bar. There would be no rule of law if the judicial system was to be rendered ineffective and inefficient. The sine qua non for an existence of a civilized society is observance of rule of law. The casualness and indifference in the approach of the members of the Bar in handling or conducting the matters would do serious disservice to the pristine glory of the legal profession and resultantly to the judicial system. In one sense it results in interfering with the administration of justice and such acts of commission or omissions may amount to the contempt of the Court, may, leading to avoidable unpleasant situation and in the disposal of matters. It is high time that the members of the profession take some corrective steps. This petition is dismissed for non-prosecution as per the conditional order dated 29.6.2001. Interim relief to stand vacated forthwith.