BCI TR. CASE NO.

88/ 1996
C.Complainant
v.
R....................Respondent
LIST O !ATES
12-11-1984 General Complaint filed by the members of the Bar Association against the respondent.
24-07-1986 The Bar Association, Nurpur condemned the undignified and disrespectful behaviour of
respondent at the time of visit of learned District & essions !udge "angra to Nurpur in the Bar #oom.
04-11-1987 $nterruption to the court proceedings by the respondent during the e%amination of
&itness.
16-02-1989 Complaint filed by Complainant to the #egistrar 'igh Court of '.(, through District &
essions !udge, "angra at Dharamshala.
12-04-1989 ) The said complaint &as for&arded by Addl. #egistrar *Admn.+ 'igh Court of '.(. to the
tate Bar Council of '.(.
17-03-1991 ) The Disciplinary Committee after having recorded the e%,parte evidence of the
complainant held the respondent guilty of professional misconduct and suspended his license for a
period of - months by &ay of punishment.
14-05-1991 econd order passed stating the suspension to ta.e effect namely from /0,12,/33/ to
/-,14,/33/, this order &as passed by the Chairman, bar Council of '.(.
30-11-1996 The Disciplinary Committee of the Bar Council allo&ed appeal and registered the same
as transferred case and &as accordingly intimated to the parties.
29-01-2005 ) Case ta.en up by the Committee.
ACTS
Complainant The then ub 5udge,cum,ub Divisional 6agistrate, Nurpur.
Respondent Advocate of Nurpur.
The complainant has alleged that the respondent is a convict under ection -72 $.(.C. and is in the
habit of bro&,beating the presiding officers, ma.ing frivolous complaints against almost every 5udicial
officer, and misconducting himself in court. The Complainant had submitted copies of orders in 5udicial
file and also copies of resolutions passed against the respondent by the local Bar Association, Nurpur.
The complainant further averred in his complaint that recently the respondent offered an intentional
insult and caused interruption to the complainant &hile he &as dictating an order in an in5ubction
petition of the civil suit. (roceedings under ection 774 of the $.p.C. read &ith ections -02 & -08 of
Cr.(.C. &ere initiated against the respondent and case &as for&arded to the Chief !udicial magistrate
"angra at Dharamshala for his trial in accordance &ith ection -08 of Cr.(.C.
6oreover, none of the complaints of the respondent against the presiding officers &ere found to be
having any truth and respondent does not seem to have suffered a pinch of his &rong acts. tate
Disciplinary Committee fi%ed many hearings but respondent chose not to appear and hence it
proceeded e%,parte against the respondent.
The respondent filed an appeal before the Bar Council of $ndia &hich &as allo&ed.
ISS"ES
/. 9hether the advocate is guilty of professional misconduct by the actions against the
complainant:
7. &hat ;uantum of punishment be accorded to the respondent if he is so proved misconduct:
RATIO
/. Bro&,beating the presiding officers, ma.ing frivolous complaints against them and
misconducting in court of la& insulting courts amounts to professional misconduct &ithin the
meaning of ection -2 of the Advocates Act, /38/.
7. The fervent disregard and misbehaviour of the officer, as &ell as scant regard to the dignity of
profession and disrespect to the other<fello& members of the profession inside and outside the
court room, is such &hich re;uires to be ade;uately punished.
#"!$%ENT
/. The evidence of the complainant has not been controverted or rebutted by the respondent by
leading evidence in the case. The respondent even did not choose to e%amine himself as a
&itness in support of his defence in the case and also to prove the counter allegations levelled
by him in his reply against the complainant. The respondent also did not thin. it proper to
cross,e%amine the complainant. $n such absence, the version of complainant is ta.en to be true
and correct. The allegations against the respondent are fully proved on the record by the
resolutions of the Bar Association of Nurpur of &hich the respondent is a member, as &ell as by
undisputed statement of the complainant on oath, and also on copies of orders of court proved
on record. The allegations made against the respondent amounts to professional misconduct
&ithin the meaning of ection -2 of the Advocates Act, /38/.
7. The Advocate is e%pected to maintain high standards of professional ethics and eti;uette. the
profession of Advocate is more of demanding and less of commanding. the advocate is an
officer of the court not 5ust because he is an Advocate, but because he helps the court in the
administration of 5ustice. Any misconduct by the advocate re;uires to be ade;uately punished.
Accordingly the respondent &as suspended for a period of one year. the respondent &as debarred from
practicing in any court or before any authority or person in $ndia for a period of one year from the date
the order &as communicated to him.