: A classic case of Professional Misconduct :
After successfully conving the Supreme Court by our learned friend Soli Sorabji that the bye- laws of Registered Cooperative Society has over riding effect over the Constitution of India
( CASE NO.: Appeal (civil) 1551 of 2000
PETITIONER: Zoroastrian Co-operative Housing Society Limited and Another
RESPONDENT: District Registrar Co-operative Societies (Urban) and Others
DATE OF JUDGMENT: 15/04/2005
BENCH: B.N. AGRAWAL & P.K. BALASUBRAMANYAN JUDGMENT:
J U D G M E N T P.K. BALASUBRAMANYAN, J.)- having recognised the threat to unity and integrity of the Nation, Her Excellency President of INDIA directed the Union of India and the State Of Gujarat to challenge the above verdict before the larger bench of Supreme Court- now it is the turn of Amicus curiae Mr Harish Salve who faced loss of trust accusations from Kamini Jaiswal appearing for an NGO: Citizens for Justice and Peace agaisnt SIT ( Special Investigation Team) which was constituted by the apex court on March, 2008 to probe into the sensitive post Godhra -Gujarat Riots Cases of 2002. Amicus curiae Mr Harish Salve appointed by Supreme Court rendered the yeoman service till he fall pray to pecuniary gains and the political expediency of Chief Minister Narendra Modi to engage him for appearing on behalf of the Gujarat Government for defending the cops in the Isharat Jahan fake encounter case.
Appearing for an NGO, Kamini Jaiswal listed out lapses on the part of the five member Special Investigation Team (SIT) headed by ex-CBI Director R.K. Raghvan alleged that some SIT members were now exposed being accused persons of having a role in the post- Godhra riots in 2002 belonging to Gujarat State. The NGO Counsel explained the lapses went to the root of the cases : Godhra Train Burning Case, Naroda Patiya, Naroda Gam, Gulberg Society, Odey, Mehsana, Anand and Sabar kantha. The SIT is also probing the complaint by Jakia Jafri widow of ex-MP Ehsan Jafri who was killed in the riots accusing CM Narendra Modi and top politician of his Government and cops of the Gujarat State of having aiding and abetting the riots. (Excerpts from report of TOI Mumbai: February 11, 2010.
Looking to the gravity and seriousness of the situation it is a classic case of Professional Misconduct on the part of the Amicus curiae to accept the brief of State of Gujarat for pecuniary gains without the prior sanction of Supreme Court of India or the other aggreived party ( Complainant )... This act has brought disrepute to the dignity and honour of the Profession of Advocates.
Tags :Constitutional Law