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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 ..... Court. The complainant gave the details of four cases in this regard. The complainant also stated in the complaint that respondent has been earlier held guilty of professional misconduct and, in this regard, referred to the judgment in the matter of Diwakar Prasad Shukla v. Panna Lal Pandey. The complainant prayed that the respondent be proceeded with the professional misconduct and be punished by cancelling his license to practice. 3. The complaint was referred to its Disciplinary Committee by BCUP. The respondent filed written statement to the complaint and denied the allegations made in the complaint. In his reply, the respondent denied that he has forged signatures or created any fictitious compromise documents. He set up the plea that the complaint has been filed against him due to enmity. 4. The complainant filed his affidavit in support of the complaint and in the course of enquiry examined seven witnesses. The complainant also produced documentary evidence. On the other hand, although the respondent filed his affidavit in support of the reply but neither he offered himself for cross-examination nor he let in any evidence in opposition to the complaint and in support of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had acted negligently in the matters before the Chakbandi Officer. However, the Disciplinary Committee, BCI did not agree with the finding of the Disciplinary Committee, BCUP that the advocate had forged the signatures. The Disciplinary Committee, BCI, accordingly, modified the order of punishment and reprimanded him and also imposed a cost of Rs. 1,000/- to be paid by him to the BCI towards the Advocates Welfare Fund and if the amount was not paid within one month from the date of the receipt of the order he would be suspended from practicing for a period of six months. The order passed by the Disciplinary Committee, BCI on 20.6.2004 is the subject matter of appeal. 9. The consideration of the matter by the Disciplinary Committee, BCI is clearly flawed. It overlooked the most vital aspect that seven witnesses tendered in evidence by the complainant had stated clearly and unequivocally that the respondent-advocate had filed forged and fabricated vakalatnamas on their behalf and they had not filed any compromise in Consolidation Court. The respondent-advocate had not at all cross-examined these witnesses on the above aspect although they were cross-examined on other aspects. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent should have been careful in dealing with the matters before the Chakbandi Officer and that he had acted negligently modified the order of punishment awarded by the Disciplinary Committee, BCUP and reprimanded the respondent-advocate (appellant therein) and also imposed cost and default punishment, as noted above. 13. The award of punishment for a professional misconduct is a delicate and sensitive exercise. The Bar Council of India Rules, as amended from time to time, have been made by the BCI in exercise of its rule making powers under the 1961 Act. Chapter II, Part VI deals with standards of professional conduct and etiquette. Its preamble reads as under : "An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an Advocate. Without prejudice to the generality of the foregoing obligation, an Advocate shall fearlessly uphold the interests of his client, and in his conduct confor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t? The official heads of the Bar i.e. the Attorney-General and the Advocates-General too are distressed if a lawyer "stoops to conquer" by resort to soliciting, touting and other corrupt practices." 15. In V.C. Rangadurai v. D. Gopalan and Others[(1979) 1 SCC 308], a majority judgment in an appeal filed under Section 38 of the 1961 Act speaking through V.R. Krishna Iyer, J. observed as follows: "4. Law is a noble profession, true; but it is also an elitist profession. Its ethics, in practice, (not in theory, though) leave much to be desired, if viewed as a profession for the people. When the Constitution under Article 19 enables professional expertise to enjoy a privilege and the Advocates Act confers a monopoly, the goal is not assured income but commitment to the people - the common people whose hunger, privation and hamstrung human rights need the advocacy of the profession to change the existing order into a Human Tomorrow. This desideratum gives the clue to the direction of the penance of a deviant geared to correction. Serve the people free and expiate your sin, is the hint. 5. Law's nobility as a profession lasts only so long as the members maintain their c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Bar Council of India Rules with reference to standards of professional conduct and etiquette and also sub-section (3) of Section 35 of 1961 Act. In paragraph 28 (Pg. 586) of the Report, this Court observed thus: "28. Adjudging the adequate punishment is a ticklish job and it has become all the more ticklish in view of the miserable failure of the peers of the appellant on whom jurisdiction was conferred to adequately punish a derelict member. To perform this task may be an unpalatable and onerous duty. We, however, do not propose to abdicate our function howsoever disturbing it may be." 16.1. Then in paragraph 30 (Pg. 587), this Court observed that the legal profession was monopolistic in character and this monopoly itself inheres certain high traditions which its members are expected to upkeep and uphold. The Court then referred to the decision of this Court in M.V. Dabholkar1 and observed as follows: "If these are the high expectations of what is described as a noble profession, its members must set an example of conduct worthy of emulation. If any of them falls from that high expectation, the punishment has to be commensurate with the degree and gravity of the misc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compromises without any authority deserves punishment commensurate with the degree of misconduct that meets the twin objectives - deterrence and correction. Fraudulent conduct of a lawyer cannot be viewed leniently lest the interest of the administration of justice and the highest traditions of the Bar may become casualty. By showing undue sympathy and leniency in a matter such as this where the advocate has been found guilty of grave and serious professional misconduct, the purity and dignity of the legal profession will be compromised. Any compromise with the purity, dignity and nobility of the legal profession is surely bound to affect the faith and respect of the people in the rule of law. Moreover, the respondent-advocate had been previously found to be involved in a professional misconduct and he was reprimanded. Having regard to all these aspects, in our view, it would be just and proper if the respondent-advocate is suspended from practice for a period of three years from today. We order accordingly. 19. The order passed by the Disciplinary Committee, BCI is modified and the respondent-advocate is awarded punishment for his professional misconduct, as indicated above. Civ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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