SC on the role of an Advocate and a Judge in a justice delivery system

The Hon’ble Supreme Court, today i.e. on 10th May 2019, in the matter of Rakesh Tiwari, Advocate v. Alok Pandey, C.J.M. pronounced that an advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He has to give due regard to his opponent and also to his counsel.

The Hon’ble Supreme Court observed that:

An advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He plays a vital role in preservation of society and justice delivery system. (Para 7)

The role of a lawyer is indispensable in the justice delivery system. He has to follow the professional ethics and also to maintain high standards. He has to assist the court and also defend the interest of his client. He has to give due regard to his opponent and also to his counsel. What may be proper to others in the society, may be improper for him to do as he belongs to an intellectual class of the society and as a member of the noble profession, the expectations from him are accordingly higher. Advocates are held in high esteem in the society. The dignity of court is in fact dignity of the system of which an advocate being officer of the court. (Para 8)

The judiciary is one of the main pillars of democracy and is essential to peaceful and orderly development of society. The Judge has to deliver justice in a fearless and impartial manner. He cannot be intimidated in any manner or insulted by hurling abuses. Judges are not fearful saints. They have to be fearless preachers so as to preserve the independence of the judiciary which is absolutely necessary for survival of democracy. (Para 15)

Copy of judgement: Judgement_10-May-2019

-Tushar Kaushik

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