Contempt of court committed by advocate in his personal capacity
The question which we have to decide is whether it is possible for this Court to punish the advocate on the disciplinary side under the Indian Bar Councils Act and to suspend or remove him from practice. We have been referred to a decision of their Lordships of the Privy Council In the matter of T.J. Wallace [1867] 1 P.C. 283 In that case a barrister of the Supreme Court of Nova Scotia committed a gross contempt of Court in his capacity as a private suitor and not in his capacity as an officer of the Court, The Court suspended the barrister from practising, and he appealed to the Privy Council. The Privy Council held that it was not competent for the Court to punish him by suspension for the contempt. All that the Court could do was to punish him for contempt of Court. Their Lordships of the Privy Council said that it was an offence
committed by an individual in his capacity of a suitor in respect of his supposed rights as a suitor and of an imaginary injury done to him as a suitor, and it had no connexion whatever with his professional character or anything done by him professionally, either as an advocate or an attorney. It was a contempt of Court committed by an individual in his personal capacity only.
Allahabad High Court
In Re: Matter Of And Advocate Of ... vs Unknown on 26 May, 1932
Equivalent citations: AIR 1932 All 492
