Maintain Honour, Dignity In The Court: Justice Mansoor

SJA Distributes Licence among Lawyers 

Srinagar – In a simple but impressive function, Jammu and Kashmir State Judicial Academy, High Court of Jammu and Kashmir under the guidance and instructions of Chief Justice (Chief Patron, State Judicial Academy) and  Justice Mansoor Ahmad Mir, Judge Incharge, State Judicial Academy held oath taking ceremony and distribution of Advocates’ license in the State Judicial Academy at Srinagar for the new entrants to the legal profession.

The function was presided over by Justice Mansoor Ahmad Mir, Judge Incharge, and State Judicial Academy. Before delivery of enrolment certificates (Advocate license) to the Advocates of Jammu Province, they were administered oath by  Abdul Wahid, Director, State Judicial Academy.

In his key note address, Justice Mansoor Ahmed Mir congratulated newly enrolled advocates and welcomed them to the fraternity of legal profession. He highlighted the professional ethics and conduct, court craft, art of Advocacy etc.

He said that that the first duty which the counsel owes to the court is to maintain its honour and dignity. A conduct therefore, which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice. The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the Bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly  administration of justice. Says Sir Cecil Walsh in his book called the Advocate 

“Nothing is more calculated to promote the smooth  and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.

Explaining the professional ethics and conduct, he stated that the advocate should not display temper in court. He shall not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice , for instance, he must not advice disobedience to the courts order and decrees. Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He  must not deceive the court. The advocate must not place himself in a position which he cannot effectively discharge his obligations to the court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation. Advocates in their professional capacity address each other as brothers. This spirit of fraternity at Bar is one of the noblest traditions of the legal profession and is many centuries old. Lawyers stand for common ideals of order, justice and rule of law in the community and have common rules of etiquette and professional observances.

In all civilized societies, the legal profession occupies a unique and responsible position. Sir Owen Dixon, the great Australian Lawyer and later Chief Justice of his country, said in his address on the eve of taking oath of office :

“It is the duty of the barrister to stand between the subject and the Crown, and between the rich and the poor, the powerful and the weak. It is necessary that while the Bar occupies an essential part in the administration of Justice, the barrister would be  completely independent and work entirely as an individual drawing his own resources of learning, ability and intelligence”.

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