Complainant after enrollment with bar council of delhi

This query is : Resolved 

Querist : Anonymous (Querist)
01 August 2020

I was working with a public limited co. as Legal Manager. Now I have retired. During my tenure in the co. I was a complainant in a cr. case which is still going on. After retirement I got enrolled as an advocate with BC of Delhi. After one month of my enrollment Co. CFO contacted me and told me to continue as complainant as I am the only person who knows all the facts of the case. My query is whether I can continue as a complainant after enrollment as an advocate. If yes, what should be my agreement with the co. now. Should I inform BC also before appearing in the court.

Rajendra K Goyal (Expert)
01 August 2020

You were complainant in criminal case. After retirement if you are called by the court as witness, you cannot avoid.

You can also provide professional advice / services to the company on this or other cases.

You cannot remain on role / accept salaried duties with the company.

Dr J C Vashista (Expert)
02 August 2020

Since you have already handed over the charge of Legal Officer at the time of your retirement, it is the new incumbant who have stepped his/ her foot in the shoes i.e., responsible to prosecute.

Dr J C Vashista (Expert)
02 August 2020

Enrolment at Bar Council of Delhi do not restrict a person to appear before the court as complainant/ witness . You may take the call and attend proceeding/ prosecution.

P. Venu (Expert)
02 August 2020

Is it a private complaint or complaint on police report? In the latter case, you are only de-facto complainant not de-jure and as such the prime witness. You need to appear in the Court and depose as when summoned. Your subsequent enrollment as an advocate is of no relevance.

niranjan (Expert)
02 August 2020

you were complainant as an employee of the company so you appear as witness in the matter though you are advocate and that will not be misconduct.

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