Retd judge cannot practice in lower court

The Bar Council of Gujarat (BCG) has issued a circular to bar associations in the state for implementation of the rule that bars a retired judge from practising at a court lower than or equivalent to where he served prior to retirement.  

This means that a retired judge of a court or a presiding officer of any tribunal wanting to practise as an advocate can do so only at a higher court. Anil Kella, a senior member of the BCG, said, “If the judge retires as the additional sessions judge (ASG), he can appear only before the high court. He cannot practise at a sessions court or a court below it in hierarchy.”

He added, “This has been mentioned in section-7 of the Bar Council of India rules.” The BCG had taken the decision at a recently-held meeting of its executive committee. Kella said, “The BCG had received various complaints about KC Brahmbhatt, who was practising before the court in Anand where he had retired as the judge. In another case we received a complaint about a joint charity commissioner who also practises in the office of the charity commissioner.”

Kella added, “We have issued the circular and it applies to all across the state. It maintains that any retired judicial person cannot appear as an advocate at any such rank of court in the state where he was served before retirement.”