Karnataka High Court’s Directive to Law School on Advertising
The Karnataka High Court has issued a directive to an educational trust operating a law school, mandating the removal of promotional materials that depict an individual dressed in an advocate’s gown. This decision was part of the case Bharathi Education Society Trust v. State of Karnataka. The directive was delivered by Justice BM Shyam Prasad, who was evaluating a petition filed by the Bharathi Education Society Trust. The trust was contesting a directive from the Panchayat Development Officer that called for the removal of such promotional materials and threatened action if non-compliance persisted.
During the legal proceedings, the court observed the legitimacy of the local authority’s concern, highlighting that advertisements featuring people in advocate attire contravene the Bar Council of India (BCI) Rules. Justice Prasad stated, “The photographs of the buntings are produced in the Annexure -C series, and it is seen that these buntings have the image of a person in what could be the attire prescribed for Advocates. The Bar Council of India Rules would be against any advertisement of an individual.” This observation was part of the court’s order dated June 22.
Court’s Stipulations for Compliance
During the hearing, the trust’s counsel proposed that the contentious parts of the advertisements could be altered if given adequate time. In response, the court afforded the trust eight weeks to make the necessary changes. Within this period, the Panchayat Development Officer was instructed to refrain from initiating any coercive measures and was advised to assess the situation to determine if further actions were warranted thereafter.
The court also provided the trust with the option to substitute the current images of individuals in an advocate’s gown with information about the institution and its law degree offerings. The court remarked, “If the petitioner replaces the image of a person in the attire which is prescribed for an Advocate in the buntings in due deference of the Bar Council of India Rules against advertisement for individuals and ensures that the buntings are about the Law Degree Course/details of the Institution, the second respondent (panchayat authority) cannot be precipitous in bringing about a termination of the petitioner’s right.”
Legal Representation
Advocate KB Mounesh represented the Bharathi Education Society Trust, while Additional Government Advocate Boppanna Belliappa appeared on behalf of the State. This court decision underscores the importance of adhering to BCI regulations concerning advertising and the portrayal of legal professionals.
