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TMI Blog2001 (5) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... . We are much grieved, if not peeved, in noticing how two advocates succeeded in tormenting a witness by seeking numerous adjournments for cross-examining him in the Court of a Judicial Magistrate. On all those days, the witness had to be present perforce and at considerable cost to him. It became a matter of deep concern to us when we noticed that the Judicial Magistrate had, on all such occasions, obliged the advocates by granting such adjournments on the mere asking to the incalculable inconvenience and sufferings of the witness. When he was convinced that those two advocates were adopting the tactics of subterfuge by putting forth untrue excuses every time for postponing cross-examining, he demurred. But the Magistrate did not help him. Ultimately, when pressed against the wall, he moved the State Bar Council for taking disciplinary proceedings against the advocates concerned. But the State Bar Council simply shut its doors informing him that he did not have even a prima facie case against the delinquent advocates. He met the same fate when he moved the Bar Council of India with a revision petition, as the revision petition was axed down at the threshold itself. The exaspera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... represented to the Court that the said date was quite convenient to them. 7. The appellant, thoroughly disgusted, had two options before him. One was to get dropped out from the case, and the other one was to continue to suffer. He has chosen the latter and presented himself along with all the witnesses on 16-10-1993. But, alas, the respondents again asked for adjournment on that day also. This time the adjournment was sought on the ground that one of the respondent advocates was out of station. It seems that the Judicial Magistrate yielded to the request this time also and posted the case to 20-11-1993 per-emptorily. It would have been a sad plight to see how the appellant and his witnesses were walking out of the Court complex without the case registering even a wee bit of progress in spite of his attending the Court on so many days for the purpose of being cross-examined. His opposite party would have laughed in his mind as to how his advocates succeeded in tormenting the complainant by abusing the process of Court through securing adjournments after adjournments. The complainant would have wept in his mind for choosing a judicial forum for redressal of his grievance. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It was that sight which caused him to venture to lodge the complaint against both the respondents before the Maharashtra State Bar Council on 27-12-1993. He had narrated the details of his complaint in the petition presented before the State Bar Council and prayed for taking necessary actions against the two advocates. 12. Both the respondents filed a joint reply to the above complaint in which they stated, inter alia, that respondent No. 1 was suffering from severe throat infection and temperature and was under medical treatment of Dr. Manavi and that respondent No. 1 sought adjournments in all the cases in which prolonged cross-examination was required and he was not in a position to speak continuously because of severe cough problem. They did not say anything about the large number of occasions they sought for adjourning the cross-examination of the complainant. 13. The State Bar Council obtained a report from its advocate member, Shri B.E. Avhad. That report says that he interrogated the parties and understood that the complaint is without any substance. It was on the strength of the said report that the State Bar Council has dropped further proceedings against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e binocular as well as whip to be on the qui vive for tracing out delinquent advocates who transgress the norms or standards expected of them in the discharge of their professional duties. The central function of the legal profession is to help promotion of administration of justice. Any misdemeanour or misdeed or misbehaviour can become an act of delinquency, if it infringes such norms or standards and it can be regarded as misconduct. 17. In Black s Law Dictionary misconduct is defined as a transaction of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness . 18. The expression professional misconduct was attempted to be defined by Darling, J. in A Solicitor ex p the Law Society, In re [1912] 1 KB 302, in the following terms : "If it is shown that an advocate in the pursuit of his profession has done something with regard to it which would be reasonably regarded as disgraceful or dishonourable by his professional brethren of good repute and competency, then it is open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Certainly, they incur suffering and loss of income. The meagre amount of Bhatta (allowance) which a witness may be paid by the court is generally a poor solace for the financial loss incurred by him. It is a sad plight in the trial courts that witnesses who are called through summons or other processes stand at the door-step from morning till evening only to be told at the end of the day that the case is adjourned to another day. This primitive practice must be reformed by Presiding Officers of the trial courts, and it can be reformed by every one provided the Presiding Officer concerned has a commitment to duty. No sadistic pleasure in seeing how other persons summoned by him as witnesses are stranded on account of the dimension of his judicial powers can be a persuading factor for granting such adjournments lavishly, that too in a casual manner." 22. When the Bar Council in its wider scope of supervision over the conduct of advocates in their professional duties comes across any instance of such misconduct, it is the duty of the Bar Council concerned to refer the matter to its Disciplinary Committee. The expression reason to believe is employed in section 35 only fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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