<%-- Page Title--%> Law Opinion <%-- End Page Title--%>

August 24, 2003 

Judges' robes need to be season-friendly

Mohammad Al Mamun

We have inherited the system of British Legacy. Practice and procedures in our justice delivery system is purely British-dominant. While sitting for dispensation of justice, a judicial officer is under an obligation to wear a robe with a long black gown, white collars and bands along with a black coat. Lawyers are also to wear prescribed dress as well more or less identical to that of the Judges. Rule 911 of the Civil Rules and Orders, Volume-I as formulated by the honourable High Court Division of the Supreme Court Provides as follows:
When presiding on the bench, all judicial officers (including Barrister-at-law) whatever their rank, shall wear the following dress:
i) a king's counsel's gown of any black material other than silk;
ii) stand up, winged white collar and bands;
iii) a black coat of any pattern or black chapkan or achkan; and
vi) if the coat is left unbuttoned, a black waist-coat."
Wearing of the full robes is compulsory for all judicial officers, and no deviation of the rule be allowed. But executive officers invested with the power of a civil judge are not bound to follow this rule. Basically these apparels are the symbol of justice and neutrality. It creates a fair impression towards the judges in the minds of the litigants.
No doubt, this dress is quite fit for winter season. But the question that may be raised here is: Is it quite ok for summer or dry season? In a country like ours, dry season passes on approximately from March-April to August-September providing a higher temperature upto an average of 30?c while highest one is experienced even up to 43?C. We are a poor country and our present economic condition does not permit to equip the district court buildings air-condition facilities.
The judges' sitting is for hours with a little break in the midday. For these long hours we, the judges, are to badly suffer from heat and high temperature since we have to work in a relatively smaller court-room with a heavy crowd of litigants and lawyers together. Thus hot temperature hinders us in applying our judicial mind to the cases to be heard. During short tenure of my judicial life I had a painful experience of an advocate's heat-stroke death in court-room. Most of our colleagues and lawyers also fall sick of extreme heat specially in the summer. Power failure adds very often to this suffering more. Therefore, dress of the judicial officers needs to be season-befitting. Existing dress system is suitable for the winter season. I think the concerned authorities may think for an alternative suitable dress for summer to adjust the temperature and for all these, amendment of the aforesaid mentioned rule would be necessary.