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Saurabh Malik
Tribune News Service
Chandigarh, February 7
The agenda regarding carrying out of amendments to the criterion adopted by the Punjab and Haryana High Court for designating advocates as senior, scheduled to be placed before the Full Court for discussion and decision after voting, was today withdrawn.
As a result, there is no amendment in the already framed rule. Available information suggests that the Full Bench did not put into operation its earlier decision of resorting to the not-so-common procedure of secret ballot for resolving the impasse between the judges over the move. The High Court was apparently divided over the issue and had decided to adopt the procedure of secret ballot. The standoff stemmed from the fact that the judges were not unanimous in their opinion for carrying out the proposed amendment that paved way for advocates from outside the Punjab and Haryana High Court to be designated as seniors.
Apprehensions were being expressed that the amendment would virtually open the floodgates, if the move gets the approval of the Full Court. It was also believed by some that the amendment may, in particular, prove to be advantageous for a lawyer from Delhi appearing before the High Court on behalf of a state.
The matter came up for discussion during a Full Court meeting of judges held last week, but the discussion remained inconclusive following the heat generated by the issue. It was eventually decided to resolve the issue through secret ballot.
Rules framed by the High Court regarding procedure for enrollment of senior advocates make it clear that an advocate would be eligible to be designated as a senior, if he or she was duly registered with a Bar Council and was ordinarily practicing in the Punjab and Haryana High Court or in a court subordinate to it for not less than 10 years.
The senior advocates’ Bar Association of the Punjab and Haryana High Court, as of now has approximately 100 members with exceptional knowledge and experience in the field of law.
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