Concept and role of Bar-Bench Relation with Reference to Administration of Justice - SRD Law Notes
Notes on Bar-Bench Relationship. Uploaded by Ibrahim Barkindo. Notes prepared for Sharia Court Judges in Nigeria aimed at enlightening them on who a. Establishes the actual relationship existing between bar and bench which ensures the worth of a judicial system of a nation. THE BAR AND THE BENCH. The main objective of our judicial system is the attainment of justice for all parties involved in a case and the society at large.
The lawyers in the discharge of their duties have sometimes to use expressions which may not be palatable to the court but they are never used either with the intention of offering any insult or causing any interruption to the proceedings of the court.
It may be noted that good behaviour of lawyers goes a long way in their attempt to acquire justice from the court for their clients. Not only the scholarship of a lawyer plays an important role in achieving success in the court rather his good conduct also helps and plays effectively in this direction. The statements of the lawyers influences the court, so they are under moral and legal obligation to be sober, fair and cordial in their dealings with the court.
It does not mean that the lawyers have to surrender to the improper behaviour of the judge. The lawyers have legal right to object the improper behaviour of the judge and they are entitled to enlighten their grievances to the higher authorities of the court.
Thus, while the lawyers have to maintain the dignity and decorum of the court, they have not to do or behave as such, which may bring down the reputation of the court in the mind of the litigants as well as general public of the society. In this context, the Bar Council of India has framed certain rules for observance by the lawyers towards the court, their colleagues and clients.
Legal Point: Bench-Bar Relations
On the other hand, the behaviour of the judge towards the lawyers also plays an important role in the due administration of justice. It is the behaviour of the judge with the lawyers, which makes the atmosphere of the court quite cordial and congenial. A judge has to be impartial in his dealings with advocates. The judge should not only be free from bias or interest in any case rather he should not be guided by the obstinacy and snobbery in his conduct with advocates.
It is so because the life, liberty, reputation and property of the citizens are greatly influenced by the decision of the judge. The judge has to play a very temperate and sober role in the dispensation of justice to the society, which he can fulfil by observing sober, cordial and impartial behaviour, towards the lawyers at large.
It is pertinent to note that the relationship between the advocate and judge is quite delicate. On the one hand, it is important to allow an advocate to be firm and resolute in the pursuance of his case while on the other, the judge must maintain his authority in the court.
It concerns the Bar also. Advocates and Judges are complementary to each other. Bar is the Principal ground for recruiting Judges. So they both belong to the same community.
Scandalising of the court by an advocate is really polluting the very foundation of justice and such conduct by an advocate brings disrepute to the whole administration of justice.
Advocates Private opinion about the Presiding officer, he must not show in its behavior because he has to uphold the dignity of the judiciary as an institution. At the same, it is equally the duty of the judiciary not only to be polite towards the members of the Bar but to do everything possible to advance ints high traditions. The uncourteous conduct or misconduct of a lawyer or judge may amount to contempt of Court, there are two Types of Contempt of Court.
They should act only to the interest of justice. They should give sufficient opportunity for the Advocates to present the case in full. Judges should act impartially. As far a possible, Judges must avoid interruptions while the Advocate is examining witnesses and arguing the case. Unwarranted interference and adverse comments by the Judges may upset the Advocates and thereby he may not be able to present the case properly.
Interference of a Judge may be limited to the following circumstances i to prevent repetition and waste of time ii to check the relevancy iii to get clarifications iv to express courts view on a point and v to promote speedy disposal of the case.
During the process of administration of justice, often the courts have to interpret the Act, Rules, Codes, Regulations, Orders, Notifications, Circulars, Byelaws etc. In such cases proper interpretation should be given with the object of rendering complete justice to the parties. Avoidance of Unreasonable Adjournments: Adjournments are given to afford reasonable opportunity to the parties to present the case.
As far as possible cases shall not be adjourned without reasonable and sufficient grounds. Unreasonable adjournment is the main reason for the mounting arrears of cases causing hardship to the parties. When preference is given for disposal of old cases, new cases should not get into arrears.
They should not ask any Advocate to leave the court, without sufficient reasons. Similarly, they should not ask any Advocate not to come to his court hereafter. Judges should possess deep knowledge in law. They should have the ability to apply the proper law to the disputed facts and to take the right decision. Judges have the primary responsibility to protect and preserve the independence of judiciary.
A Judge should be honest and morally upright. He should have personal and intellectual integrity. His character and conduct should be praise worthy. It means regular and systematic hard work and study. A Judge should get acquainted with the latest developments and changes in the law by regular updating of the knowledge.
Meeting of Judges and Lawyers: To strengthen Bar-Bench relation, at regular intervals meeting of judges and the Advocates shall be arranged. In such meetings the respective sides difficulties can be discussed and the differences can be sorted out. Duty to the Court Rule In the administration of the justice, the role of the advocate is to help the court to take a right decision in the dispute. An Advocate shall show the due respect to the court and shall never act in any manner to undermine the confidence in the judiciary.
He shall not exert or attempt to exert any personal influence on the decision of the court, nor shall give any impression that he possesses personal influence with the judge before whom he normally practices.
He shall be always punctual in attending courts in the prescribed dress. He shall be fair and frank in the court proceedings. He shall not include any fact which he knows to be false in the pleadings, petitions or affidavits. He shall not ask for any adjournment of a case without genuine reasons.
He shall not communicate privately with the judges to influence them relating to any pending case. He shall not speak ill of judges or use abusive remarks about them. But, if the judge behaves improperly, it is not only the right but also his duty to report it to the proper authorities. He shall not interrupt when the counsel for the otherside or the judge is speaking. He shall appear in the court in the prescribed dress and his appearances shall always be presentable.