NCLT can’t insist advocates to wear gown

Granting an interim stay, a division bench comprising Justice TS Sivagnanam and K Ravichandrabaabu said, “We are of the prima facie view that NCLT has no jurisdiction to insist that advocates appearing in its benches should compulsorily wear their advocates’ gown and such order would be in direct conflict with the rules framed by the Bar Council of India, where the wearing of advocates’ gown has been held to be optional except while appearing before the Supreme Court and in the high courts.”

Senior counsel PH Arvind Pandian, appearing for the petitioner, contended that the impugned order is in direct conflict with the Bar Council of India Rules framed under Section 49 (1)(gg) of the Bar Council of India Act pertaining to the form of dresses or robes to be worn by the advocates.

He submitted that in terms of the said Rule, wearing of advocates’ gown shall be optional except when appearing in the Supreme Court or in the high courts and hence NCLT has no jurisdiction to insist the advocates appearing before its benches to wear the gown.

The petitioner R Rajesh, a practising advocate, had moved the public interest litigation seeking to declare the order passed by the Registrar, NCLT, on November 14, 2017, that in addition to the dress code already approved, wearing of gown would be necessary with effect from November 20, 2017, in all the benches of NCLT for the president, members and advocates.