Rift surfaces within Diphu Bar Association members

DIPHU — A section of advocates of the Diphu Bar Association (DBA) in the Diphu Judicial Court have alleged that a few “vested members” of the DBA are framing rules by themselves that are discouraging the newly enrolled advocates and denying them their rights to practice.

They also said that as the present DBA is “invalid,” an ad-hoc committee should be constituted consisting of only new members to constitute a new DBA.

Addressing a press conference at DBA premises on July 14, one of the practicing advocates Dhonison Lekthe said the aggrieved advocates have submitted a letter to the District and Session Judge of Diphu Judicial Court with regards to DBA.

Going by the letter Lekthe said that on July 5, members of DBA convened an executive committee meeting. The meeting was convened by the joint secretary without any formal sanctions of the DBA president or secretary, which is breaking the code of the association, it alleged.

The said meeting was attended by the president, vice president, joint secretary and one executive member, the letter stated.

He further said that the July 5 EC meeting adopted a resolution stating that the present constitution of DBA is invalid.  

“If it is so, then the present DBA cannot exist. Another resolution adopted was in order to contest for the post of president and secretary in DBA the candidates must fulfill the criteria of having practiced for 20 years and should possess property in the locality. The July 5 EC meeting is unconstitutional and invalid,” Lekthe added.

Another advocate Shorjun Hanse also said that in the previous EC meeting held on March 27, the members adopted a resolution setting criteria for advocates to appear before any court.

“But there is no provision, in the Advocates Act 1961 or in the rules prescribed by the Bar Council of India (BCI) concerning obtaining a two years practice certificate. The rule made by DBA restricting advocates to plead before any court is arbitrary and unconstitutional. Such a rule framed by DBA is a violation of sections 30 and 33 of the Advocates Act, 1931. It is also a violation of fundamental rights in Article 19 (g) of the Indian constitution,” Hanse maintained.

Hanse also alleged that some of the bench assistants and public prosecutors in the Diphu Judicial Court are misbehaving with junior advocates inside the courtroom, thereby hurting the dignity of the advocates who are officers in the courtroom.

“An adhoc committee of DBA should be immediately constituted, to allow all newly enrolled advocates; those already enrolled in the State Bar and have cleared the All India Bar Examination, to practice before any court as per the sanction, rights to practice under section 30 and 33 of the Advocates Act, 1961,”  Hanse said.