DHCBA protests draft HC Rules debarring lawyers who go on strike; Questions inclusion of two lawyers in Rules Committee

After the Supreme Court Bar Association, it is the turn of the Delhi High Court Bar Association (DHCBA) to protest against rules framed by the court. And it is not just the rules that has upset the DHCBA, but the inclusion of two lawyers in the committee entrusted with framing the rules. The DHCBA is evidently miffed at the fact that Senior Advocate, Ashwini Kumar Matta and Advocate Rajiv Kumar Virmani have been made a part of the Rules Committee without the DHCBA’s “approval or consent”.A notice dated September 24 issued by the DHCBA states that the DHCBA was given the draft rules framed by the Rules Committee for suggestions and feedback..One of the provisions in the draft rules provide for,.“Debarring lawyers for certain period in case of giving call for abstaining or instigating or preventing advocates from entering or appearing in any court room pursuant to call for strike/ abstention on any issue.”.Dubbing this particular provision, “as an attempt to throttle the voice of the advocates and the independence of the legal profession”, the notice goes on to state that,.“The worst part which we noticed was the absolute support of such suggestions from the side of a lawyer, Sh. AK Matta, Sr. Advocate who has no authority whatsoever to put forth his viewpoint before the judges.”.Stating that the two lawyers were “co opted” as members of the committee without the approval or consent of the DHCBA, the notice asserts that they misrepresented the views of the Bar..In fact, the DHCBA has already written to the Chief Justice of the Delhi High Court requesting the judge not to consider the views of such members. The notice also states that,.“The issue in question is very important and goes to the roots of [the] independence of our profession and, therefore, we are not going to take the same lightly…”.Speaking to Bar & Bench, Rajiv Khosla, President of DHCBA said,.“The High Court does not have the right to debar an advocate from practising. That right is vested in the Bar Council of India. We have written to the Chief Justice and are hopeful that our prayer would be considered.”.He also added that the DHCBA will take action against those members of the Bar, who give their views without consulting the Bar on such serious issues..Earlier, the SCBA had also protested against, what it considered, as a unilateral amendment of the Supreme Court Rules. The apex court’s Bar association had even filed a writ petition in the Supreme Court, following which the enforcement of certain rules was deferred.