Supreme Court on Touts in Courts

Supreme Court on Touts in Courts

1. Haryana State vs. Bhajan Lal
AIR 1992 SC 604
Though primarily on abuse of process of law, the Court emphasized the sanctity of judicial institutions and condemned practices undermining the integrity of the legal process, which includes touting.

2. Bar Council of India vs. High Court of Kerala
(2004) 6 SCC 311
The Supreme Court acknowledged the menace of touts operating in and around court premises.
It observed that:
Touting brings disrepute to the legal profession.
State Bar Councils, along with judicial authorities, must take concrete steps to identify and eliminate touts.
The Court upheld the power of the judiciary to regulate entry into court premises, including measures to prevent unauthorized agents or touts from influencing litigants.

3. Section 36 of the Legal Practitioners Act, 1879 (Still Applicable in Some States)
Recognized by courts as valid statutory authority to prepare and maintain a list of touts, after following due process.
Magistrates and other judicial officers are empowered to:
a. Identify touts.
b. Issue notices.
c. Maintain lists of such individuals.
d. Prohibit their presence in court precincts.

4. Court's Inherent Powers
Based on Article 144 and Article 142 of the Constitution, the Supreme Court and High Courts possess inherent authority to issue directions ensuring purity in the justice delivery process.
This extends to banning touts from court premises.


5. Definition of Touts (As per Legal Understanding):
Individuals, not being authorized legal practitioners, who:
a. Hang around court premises to solicit clients.
b. Engage in illegal brokerage or commission arrangements.
c. Misrepresent themselves as having influence over judicial officers or legal processes.


6. Key Judicial Principles:
a. Touting undermines public confidence in the justice system.
b. Courts have both statutory and inherent powers to prohibit touts.
c. Advocates' associations are expected to cooperate in eliminating this menace.
d. Litigants should be protected from exploitation by touts.

7. Practical Steps Ordered or Suggested by Courts:
a. Preparation and circulation of lists of known touts.
b. Display of such lists on court notice boards.
c. Prohibition of entry for persons identified as touts.
d. Disciplinary action against advocates engaging in tout-like behavior.

8. Conclusion:
The Supreme Court has consistently condemned touting in courts and upheld the judiciary's power to regulate court premises to preserve the dignity, integrity, and purity of the legal system.

Reference:
1.https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-organized-racket-touts-district-courts-fake-marriage-certificates-274071  
2. https://www.livelaw.in/top-stories/central-government-advocate-amendment-bill-touting-punishable-offence-234050 

Thank you for reading.
09:44
21st Ashadha 14234
12th July 2025 
Authored by:
The Spiritual Lawyer 🦅 
Advocate Ranjitsinh Sureshrao Ghatge 🦅 

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