SUPREME COURT UPHOLDS DRESS CODE, CRITICIZES POLICE INVOLVEMENT IN GAUHATI HIGH COURT FOR LAWYER WEARING JEANS


Advocate BK Mahajan of Gauhati High Court was “decourted” from the High Court premises by the judge for turning up for a hearing in jeans.

INCIDENT AT GAUHATI HIGH COURT

An advocate was expelled from the Gauhati High Court for wearing jeans which is not considered appropriate attire according to court rules. Justice Kalyan Rai Surana called in the police to decourt BK Mahajan. He apologized but was still removed by the police

PETITION TO THE SUPREME COURT

The advocate challenged the High Court’s order in the Supreme Court, arguing the High Court did not have police authority to use police force to remove him.

The Supreme Court reviewed the case and noted that while the advocate should have adhered to the dress code, the High Court could have handled the situation differently.

SUPREME COURT’S OBSERVATION

The Supreme Court observed that the HIGH Court could have adjourned the case and asked the lawyer to leave without involving the police, especially since he was not unruly and had apologized. The Supreme Court expunged the part of the High Court’s order that mentioned the involvement of police to remove the advocate. The Supreme Court also emphasized that every advocate must appear in court in proper attire as per the rules and maintain decorum.

HIGH COURT’S JUSTIFICATION

The Gauhati High Court, while refusing to recall its order, noted that allowing jeans could lead to further relaxations in the dress code, which could undermine the court's decorum. It expressed concern that this could lead to more casual and potentially inappropriate attire being worn in court.

"If jeans can be worn in Court, then the applicant may next ask why he shall not be permitted to appear in Court in “torn” jeans, “faded” jeans, jeans with “printed patches”, which are considered to be fashionable, or why he should not be allowed to appear in black track pant, or black pajamas merely because the Gauhati High Court Rules has not specifically excluded those.”


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