LAHORE - The Lahore High Court on Monday dismissed an intra court appeal challenging the same uniform of waiters at different city restaurants as of lawyers, holding that court does not have the authority to bar citizens from such practice.
Advocate Sarfaraz Ahmed had filed the appeal and challenged the order of the single bench. The appellant told the court the single bench had dismissed his petition in which he sought ban on hotel and restaurants employees, especially the waiters who wear uniform of lawyers. But the single bench turned down his petition, he added.
Earlier, a single bench comprising Justice Ijazul Ahsan dismissed the petition and held that the dress worn by lawyers and judges was neither a trade dress nor like uniforms of police, armed forces and other such organisations. Ordinary citizens could not be prohibited from wearing this dress whether they are attending any office, working in a hotel or participating in a seminar or attending a dinner party, the judge said in his verdict.
The appellant had argued the uniform of the bar and the bench was prescribed in High Court Rules and Orders, General Chapter under the head “Dress of the Advocates appearing 1 the high courts”, Supreme Court Rules 1980 in part 1 under order IV Rule 8 and Supreme Court (Court Dress and Mode of Dress) Order 1980.
He said the uniform of a professional person like doctors and lawyers had an independent and distinct recognition in the society while security personnel also wear special uniforms as well as police, wardens and Rescue workers have their own uniforms to wear. The appellant contended the same uniform for two professions/occupations was not seen anywhere.
Black court with white shirt and black pant is the prescribed uniform of lawyers which is an icon symbol for the profession of law, he submitted. The lawyers are supposed to wear the said uniform to appear in the courts, because without wearing uniform, they are neither allowed to plead the case before the courts nor even they were permitted to argue. He prayed the court to set aside the single bench’s order by putting a ban on any person other than lawyers to wear this uniform.
After hearing the arguments of the appellant, the division benched headed by Justice Aysha A Malik dismissed the appeal.