Prompt action has been underscored by Chief Justice of India K G Balakrishnan against erring lawyers who fleece litigants or collude with opponents.

‘In recent years,’ ‘we have all heard of instances such as the charging of exceptionally high fees and even collusion between opposing counsels in criminal proceedings.’ Justice Balakrishnan pointed out that when ‘prominent members of the bar indulge in such practices, it has the undesirable effect of rendering them acceptable in the eyes of younger practitioners.’ His remarks came in an inaugural address at a function marking the 50th anniversary of the founding of Bar Association of India.

Lok Sabha Speaker Somnath Chatterjee was the Chief Guest. Speakers included BAI President Fali Nariman. The event is also an occasion for an exercise in soul-searching, spokesman Lalit Bhasin told audience.

The CJI emphasised how ‘the most eminent members of the bar must make special efforts to set an example of adhering to professional ethics.’ He stressed ‘an ethical demeanour’ not only ‘in one’s private practice, but also to demonstrate the value of such behaviour to younger members of the bar.’ Justice Balakrishnan also stressed the need for reflecting on the existing structure for regulation of the legal profession.

‘There have been criticisms about the delay and reluctance in taking action against some advocates,’ he noted.

‘It is very important for the Bar Councils to maintain a high standard of integrity and independence for taking prompt action against erring advocates’, he said.

He warned against attempts to influence disciplinary proceedings.

‘All possible measures should be taken in order to prevent undue influence in the course of disciplinary proceedings. Those who seek to uphold the law must first demonstrate respect for the rules which govern their own professional lives,’ he added.

Mr Chatterjee argued for setting up ‘the circuit Benches of our Apex Court at least in the different metropolitan cities and of suitable number of Benches of the State High Courts at appropriate places in the State concerned.’ Alternatively, he called for initiatives which make the justice delivery system ‘at different levels closer as also cheaper for the people who are its real patrons and the intended beneficiaries.’ A senior advocate himself, Mr Chatterjee reminded professionals that institutions of governance have relevance for the people only when they serve the purpose for which they have been created.

The Lok Sabha Speaker cited the plight of victims of injustice.

‘How many dismissed employees... victimised women... senior citizens...disadvantaged people staying in far flung areas of the country...can approach the Apex Court of our country?’ He pointed out how long distances, prohibitive litigation cost, inordinately long processes ‘discourage or otherwise make it impossible for ordinary litigants to approach the court. The situation should disturb the nation’s conscience.’

UNI