Mail of Mr. P. P. Rao,Sr. Adv.

on GBM:
Dear Ms. Aishwarya Bhati,
I have gone through your circular as well as the Explanatory Note of Mr.
Dushyant Dave, President of SCBA.
I appreciate the resolve of the Executive Committee of SCBA to fight for
the rights of its members and to help them to assist the Court more
efficiently and effectively in the administration of justice. It is a matter of
concern that the expected response is not forthcoming from the
authorities to the representations made by the Association on matters of
common concern.
The draft resolution No. 2 to file a Writ Petition in the Honble Supreme
Court to ensure that the Members of SCBA get all the facilities as are
needed to enable them to perform their duties towards their clients, to
ensure proper justice to them and to enforce their Fundamental Rights
etc. is appropriate and I support it.
However, I would like the Members of the Executive Committee as well as
Members of the General Body of the Supreme Court Bar Association to
reconsider the proposed Resolution No. 1 that Members will not
participate in any Official Functions with Honble Judges of the Supreme
Court, including References, Independence Day and Law Day and not give
any Farewell to Honble Retiring Judges.
The Bar and the Bench are two co-ordinate institutions, often compared to
the two wheels of a chariot, which acting together facilitate administration
of justice to the people. Institutional courtesy and traditional respect for
each other should be maintained at all costs.
Grievances against individual Judges, if any, should not be projected as
grievance against the Court in which the lawyers practise. Individual
Judges and lawyers come and go, but the Bench and the Bar will go on
forever.
The Rules made under Section 49(1)(c) of the Advocates Act, 1961 lay
down Standards of Professional Conduct and Etiquette including the
following:
Preamble: An advocate shall, at all times, comport himself in a manner
befitting his status as an officer of the Court, a privileged member of the

community, and a gentleman, bearing in mind that what may be lawful

and moral for a person who is not a member of the Bar, or for a member
of the Bar in his non-professional capacity may still be improper for an
Advocate..
Section 1 Rule 2: An Advocate shall maintain towards the Courts a
respectful attitude, bearing in mind that the dignity of the judicial office is
essential for the survival of a free community.
Section 1 Rule 1: An advocate shall, during the presentation of his case
and while otherwise acting before a court, conduct himself with dignity
and self respect. He shall not be servile and whenever there is proper
ground for serious complaint against a judicial officer, it shall be his right
and duty to submit his grievance to proper authorities.
Our Association is the Bar Association of the highest Court of the country
which is looked upto by all other Bar Associations in the country for
leadership. Therefore, our Bar Association should be a role model to
others in the matter of observing traditional courtesies and maintaining
traditional respect towards the Bench.
Kindly consider the implications of proposed resolution No. 1.
1. Full Court References to departed Judges are meant to place on record
the gratitude of the Bench and the Bar to the service rendered by each
one of the departed Judges and lawyers. To boycott such References would
amount to insulting the memory of departed Judges, for no fault of theirs
apart from affecting the prestige, dignity and credibility of the Bench and
the Bar.
2 Similarly, Independence Day is the day of national rejoicing at which the
National Flag is hoisted. It is a Fundamental Duty of every citizen to abide
by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem. I am of the considered view that it would
be improper to boycott the Independence Day celebrations.
3. Law Day was institutionalized on the initiative of late Dr. L.M. Singhvi
when he was the President of our Bar Association. He conceived the idea,
promoted it, secured the collaboration of the Court and the Central
Government. He himself drafted the Law Day Charter which reminds all
the members of the Bar annually of their commitment to the ideals of the
Constitution, their duties to abide by the Constitution and strengthen the
Rule of Law. Do we boycott our own function?

4. Farewell to a Judge by the Bar is a long standing convention which

demonstrates institutional courtesy of the Bar towards the Bench. I always
try to attend every farewell function of a Judge without exception, even if I
felt that a particular Judge did not deserve the honour. So long as the
person holds the judicial office, the chair deserves respect which extends
incidentally to the incumbent.
I, therefore, earnestly appeal to all the Members of the Supreme Court Bar
Association for whom I have greatest regard and for whose rights I have
fought in my own way in the case of SCBA Vs. B.D. Kaushik, to reconsider
the proposed Resolution No. 1 and not to pass the same. Let us try our
utmost to maintain the traditions of the Bar and dignity of SCBA.
I request you, Ms. Aishwarya Bhati, to kindly circulate this email to all
Members of SCBA immediately to enable them to consider my views
before taking a decision at the meeting on Wednesday, the 8th instant.
Regards,
P.P. Rao