A former alumnus of Delhi University and National School of Law Bangalore, advocate Bibhu Prasad Tripathy is currently working as AGA in Orissa High Court. Dealing with Constitutional matters is his cup of tea. A leviathan in legal jurisprudence, Tripathy has played a pivotal role in achieving many landmark judgements to his credit during his chequered legal career. He is widely acclaimed for championing the cause of marginalised sections of the society. He has produced many books besides contributing articles to various periodicals, magazines and peer-reviewed legal journals. He was elected to the State Bar Council in 2014 for the first time and he is elected to the same post once again for a second time in 2023. In an interview to The Pioneer, Tripathy spoke to Sugyan Choudhury from his chamber at Bhubaneswar.

Could you tell us about your being elected as a member of State Bar Council? What is your feeling?
The legal profession is a solemn and serious occupation. It is a noble calling and those who belong to it are its honourable members. My victory is that of conscientious lawyers of the State. Many lawyers were awaiting my victory. I felt lighter in my heart that I have been given responsibility to serve the honourable members of my community.
It is allegedly learned that in an intellectual forum in the State Bar Council, money and some extraneous forces are playing decisive role. How are you going to weed out such a scenario to make the image of council resplendent?

Election to the bar council this year was no different from the general election to the Parliament or the legislature or the panchayat election in which invariably efforts are put to woo voters through political cards besides money power being exhibited. But in this service-oriented noble profession this had deeply hurt me. The role of lawyers in framing the Constitution needs no special mention. We are the custodians of the rule of law. It is regretful to say that in this most prospective profession, we need to conduct ourselves in an exemplary manner. We claim ourselves as elitists and our profession's nobility will last as long as the members maintain the commitment to integrity and service to the community. But the bitter truth is that there are manifestation of general erosion of professional values among all professional at all levels. But despite the said erosion, there are many bar associations such as Bisam Cuttack, Mohana,  Digapahandi, Rajgangpur where I have found large numbers of lawyers maintaining their ethical, personal standard and conduct  during the election.Those lawyers live by their own rules of honest conduct. General public has unqualified trust and confidence on the lawyers and hence efforts are all level need to be taken to ensure that the sanity of the institution is not defiled.
What are your plans to evolve an ideal relationship between the Bench and the Bar?

It is truly said that a good Bar can make a good Bench and a good Bench can make a good Bar that both Bar and Bench play an important role in the administration of justice. They are the two wheels of a chariot for keeping the institutional integrity high. There must be reciprocity at all levels to maintain the cordial relationship. It is to be remembered that the administration of justice is not something that concerns bench only. It concerns the bar as well the bench. They must be fearless and independent in discharging their duties and at the same time they must ensure that their actions should not hamper justice and equality. The independence of the judiciary ensures public trust in it as the last resort institutions where justice to be served with a cordial relationship with bar and bench.
The number of cases pending in Orissa High Court has reached an all-time high. What should be role of the bar for reducing the backlog of cases?
As per the annual report of the high court, one lakh thirty-six thousand five hundred ninety nine cases were disposed by the court in 2022 compared to one lakh five  thousand one hundred eighty two cases in 2021. Likewise, 5 lakh 15 thousand three hundred ninety one cases were disposed by district courts in 2022 compared to two lakh thirty eight thousand five hundred eighty eight cases in 2021. It is not disposal of cases but dispensation of justice should be the top priority for the lawyers as well as the judges reducing litigation and settling dispute peacefully, is the role of the lawyers as well as the role of trial judges. Pre-litigation remedies are not being resorted. Both lawyers and laymen tend to think of the lawyers as an advocate for the clients. Therefore to reduce the pendency in some cases, the lawyers can advise their clients to settle the dispute at the pre-litigation stage itself.

What should be the role of the bar council towards extending the legal aid to the poor?

In the bar council, there is a legal aid committee as per the Advocate Act. 1961, but during my last tenure I had not come across a single case where bar council has provided legal aid. Legal aid is important in providing access to justice by ensuring equality for law. In a State like Odisha, large numbers of persons cannot afford to have access to the justice delivery system and it is the duty of the bar council to organise legal aid to poor. We would try to strengthen this committee during this tenure by engaging quality lawyers to provide free legal aid to the litigants. In this process, we would also request senior lawyers to be a part of free legal aid movement.

It is alleged that the enrolment fee for licence to practise law by the Bar Council of Odisha is at an exorbitant level. How would you like to address this issue for aspiring advocates?