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THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE AND ORIGINAL SIDE

NOTIFICATION

No. P.3602/2018.– In exercise of the powers conferred by Section 34(1) of the Advocates Act, 1961,

High Court of Bombay makes the following amendments to Schedule VII of Chapter XXXII of the Bombay

High Court Appellate Side Rules, 1960 and Appendix VI of the Bombay High Court Original Side Rules,

1980 framed under that Section. These amendments shall come into force with effect from the date of

their publication.

Add the following Rules after existing Rule 9 :

“9A. Regulating an advocate’s appearance in courts : An advocate involved in any of the following

acts may be barred from appearing before the High Court and any court, tribunal or authority subordinate

to it :—

(a) Accepting money in the name of a Judge or on the pretext of influencing the judge in the

matter of any court proceeding ;

(b) Tampering with any court record or proceedings ;

(c) Impeding orderly functioning of court or conduct of court proceedings ;

RNI No. MAHBIL /2009/35527

(1)

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(d) Committing any act which tends to scandalize or lower the authority of any court or interfere

with or obstruct the administration of justice or behaving unprofessionally and in an unbecoming

manner ;

(e) depicting unruly behaviour and conducting unprofessionally or in a manner unbecoming of

an officer of the Court and ;

(f) Appearing in court under the influence of liquor or other intoxicating substance.

Explanation 1 : Without prejudice to the generality of clause (c) above, any strike resorted to in any

court or abstention from work in court by way of protest by an advocate or a group of advocates or any

bar association shall be deemed to be an act which impedes orderly functioning of court or conduct of

court proceedings and the advocate or advocates indulging in such strike or abstention shall be liable to

be proceeded with under this Rule.

Explanation 2 : Without prejudice to the generality of clause (d) above, acts of (i) browbeating and /

or abusing the Judge, or (ii) circulating or publishing any material concerning the conduct of the Judge in

any judicial proceeding or otherwise which tends to shake the confidence reposed by the public in court,

shall be treated as falling within that clause ;

9B. Power to take action.—(1) Where any act listed in the foregoing Rule is committed by an advocate

before the High Court or in relation to the proceedings before it or concerning its Judges, the High Court

shall have the power to bar the advocate from appearing before the High Court and all courts, tribunals

and authorities subordinate to it.

(2) Where any act listed in the foregoing Rule is committed by an advocate before the Court of

Principal District Judge or in relation to the proceedings before it or concerning it, the Principal District

Judge shall have the power to bar him from appearing before any court within such District.

(3) Where any act listed in the foregoing Rule is committed by an advocate before any subordinate

court, the court concerned shall submit a report to the Principal District Judge within whose jurisdiction

such court is situate and on receipt of such report, the Principal District Judge shall have the power to bar

him from appearing before any court within such District.

(4) Whenever any advocate is barred by the Principal District Judge either under Sub-Rule (2)- or

(3) above, a report shall be made by the Principal District Judge to the Chief Justice.

9C. Procedure to be followed.—(1) Where any act listed in Rule 9A is committed by an advocate, in

the presence of hearing of the Chief Justice or the Principal District Judge, the Chief Justice or the

Principal District Judge, as the case may be, shall make a note of the act and simultaneously, for reasons

to be recorded in writing, prohibit the advocate concerned from appearing before any court, authority or

tribunal in the State or any court within the district, as the case may be, pending any inquiry under Sub-

Rule (3) below.

(2) Where any act listed in Rule 9A is committed by an advocate in the presence or hearing of a

Judge of the High Court, the Judge shall make a report to the Chief Justice for proceeding under

Sub-Rule (3) below and simultaneously, for reasons to be recorded, prohibit the advocate concerned

from appearing before him pending any inquiry under Sub-Rule (3).

(3) In any case, whether covered by Sub-Rule (1) or (2) above, or otherwise, the High Court or the

Court of Principal District Judge, as the case may be, shall, before making an order under Rule 9B issue

to such advocate a notice returnable before it, requiring the advocate to appear before the Chief Justice or

his designate, or the Principal District Judge, as the case may be, and show cause. Such notice, so far as

may be practicable, shall be served personally on such advocate.

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(4) The Chief Justice or his designate, or the Principal District Judge, as the case may be, shall

complete the inquiry in pursuance of the notice referred to in Sub-Rule (3) above and pass an order, if

any, under Rule 9B within a period of eight weeks of service of such notice.

(5) If the matters alleged in the notice referred to in Sub-Rule (3) above concern any act in respect of

which a note or a report referred to in Sub-Rules (1) or (2) of this Rule or Sub-Rule (3) of Rule 9B above

has been made, the note or the report, as the case may be, shall be treated as conclusive of the facts

stated therein and the only cause to be shown by the advocate concerned shall be to the measure of the

disciplinary action called for on such facts.

9D. The order passed under Rule 9B or sub-rule (1) and (2) of Rule 9C above shall be final and shall

not be questioned in any proceedings in any court.

9E. Power to prohibit appearance in addition to other powers.—The powers exercisable under Rules

9A to 9D above shall be in addition to, and not in derogation of, the powers of the Court under the Contempt

of Courts Act, 1971, Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 or any other law

for the time being in force bearing on the subject matter of these Rules.

HIGH COURT OF JUDICATURE AT BOMBAY,

S. P. TAVADE,

Dated 25th October 2018.

I/c. Registrar General.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND

PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004

EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.