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TMI Blog2012 (12) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... day - order passed by the Disciplinary Committee, BCI is modified and the respondent-advocate is awarded punishment for his professional misconduct. - CIVIL APPEAL NO. 6363 OF 2004 - - - Dated:- 10-12-2012 - R.M. Lodha And Anil R. Dave, JJ. JUDGMENT R.M. Lodha, J. The complainant is in appeal under Section 38 of the Advocates Act, 1961 (for short, 1961 Act ) aggrieved by the judgment and order dated 20.6.2004 passed by the Disciplinary Committee of the Bar Council of India. 2. The appellant filed a complaint against the respondent, an advocate practicing in Tehsil Gyanpur, District Sant Rabidass Nagar, Bhadohi under Section 35 of the 1961 Act before the Bar Council of Uttar Pradesh (for short, BCUP ) alleging that he is involved in number of false cases by forging and fabricating documents including settlement documents without the knowledge of the parties in the Consolidation Court. The complainant alleged that besides the cases of other people, in the case of the complainant also without his knowledge and other co-khatedars, the respondent filed a compromise deed by forging and fabricating their signatures and obtained orders from the Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia, it is established that State Bar Council had taken lenient view by reprimanding the accused Advocate which was modified by Bar Council of India who affirmed the reprimand order and also imposed Rs. 1000/- as cost, failing which accused Advocate will be suspended for the period of six months. The matter involve in the said case is that accused Advocate had filed a fictitious compromise in the Court of Consolidation Officer. Present complaint is also about farzy vakalatnama and fictitious compromise. 7. The Disciplinary Committee, BCUP having regard to the respondent s previous professional misconduct and the finding that he was involved in a very serious professional misconduct by filing vakalatnamas without any authority and later on filing fictitious compromises, passed an order dated 28.5.2002 debarring him from practice for a period of seven years from the date of the judgment. 8. The respondent-advocate, challenged the order of the Disciplinary Committee, BCUP in appeal under Section 37 of the 1961 Act before the Disciplinary Committee of the Bar Council of India (BCI). The Disciplinary Committee, BCI heard the parties and held that respondent herein (appellant ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plinary Committee, BCUP was not liable to be reversed by the Disciplinary Committee, BCI. 10. The finding recorded by the Disciplinary Committee, BCI, this Committee on perusal of the allegations made in the complaint does not agree with the findings of appearing on behalf of both the sides and forging the signatures arrived at by the Disciplinary Committee of the State Bar Council of Uttar Pradesh and the order wherein the appellant is debarred from practice for seven years cannot be sustained. 11. On careful consideration of the entire material placed on record, we are of the considered view that the findings recorded by the Disciplinary Committee, BCUP that the respondent-advocate was involved in a very serious professional misconduct by filing vakalatnamas without any authority and later on filing fictitious compromises which adversely affected the interest of the parties concerned deserve to be restored and we order accordingly. 12. The question now is of award of just and proper punishment. As noted above, the Disciplinary Committee, BCUP debarred the respondent from practice for a period of seven years. The Disciplinary Committee, BCI in the impugned order while hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and pro bono publico service. The grant of a monopoly licence to practice law is based on three assumptions: (1) There is a socially useful function for the lawyer to perform, (2) The lawyer is a professional person who will perform that function, and (3) His performance as a professional person is regulated by himself not more formally, by the profession as a whole. The central function that the legal profession must perform is nothing less than the administration of justice ( The Practice of Law is a Public Utility The Lawyer, The Public and Professional Responsibility by F. Raymond Marks et al Chicago American Bar Foundation, 1972, p. 288-289). A glance at the functions of the Bar Council, and it will be apparent that a rainbow of public utility duties, including legal aid to the poor, is cast on these bodies in the national hope that the members of this monopoly will serve society and keep to canons of ethics befitting an honourable order. If pathological cases of member misbehaviour occur, the reputation and credibility of the Bar suffer a mayhem and who, but the Bar Council, is more concerned with and sensitive to this potential disrepute the few black sheep bring ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealous devotion to people's causes like legal aid to the poor, may be a step in the correctional direction. xxx xxx xxx 11. Wide as the power may be, the order must be germane to the Act and its purposes, and latitude cannot transcend those limits. Judicial Legisputation to borrow a telling phrase of J. Cohen [Dickerson : The Interpretation and Application of Statutes, p. 238], is not legislation but application of a given legislation to new or unforeseen needs and situations broadly falling within the statutory provision. In that sense, interpretation is inescapably a kind of legislation . This is not legislation stricto sensu but application, and is within the court's province. 12. We have therefore sought to adapt the punishment of suspension to serve two purposes injury and expiation. We think the ends of justice will be served best in this case by directing suspension plus a provision for reduction on an undertaking to this court to serve the poor for a year. Both are orders within this Court's power. 16. In M. Veerabhadra Rao v. Tek Chand[1984 (Supp) SCC 571], a three-Judge Bench of this Court considered the relevant provisions contained in Bar Council of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in V.C. Rangadurai2 were quoted and then in paragraph 25 of the Report (Pg. 747), the Court held as under : 25. Any compromise with the law s nobility as a profession is bound to affect the faith of the people in the rule of law and, therefore, unprofessional conduct by an advocate has to be viewed seriously. A person practising law has an obligation to maintain probity and high standard of professional ethics and morality. 17.2. The Court in para 32 (Pg. 748) observed that the punishment for professional misconduct has twin objectives deterrence and correction. 18. In light of the above legal position, we now consider the question of punishment. We have restored the finding of the Disciplinary Committee, BCUP viz., that the respondent-advocate was involved in a very serious professional misconduct by filing vakalatnamas without any authority and later on filing fictitious compromises. The professional misconduct committed by the respondent is extremely grave and serious. He has indulged in mischief-making. An advocate found guilty of having filed vakalatnamas without authority and then filing fictitious compromises without any authority deserves punishment com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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