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Suresh K.Khaitan (Prop.)     21 June 2011

Bar Council of Delhi

State Bar Councils are the statutory bodies to handle the complaints relating to the professional misconduct of the advocates.

More often than not, they do not act judicially and favour the advocates concerned. At times, they pass most irrational and unreasoned orders to protect the skin of the advocates.

As a matter of fact, they should act as watch dogs over the misconduct of the advocates but they hardly do it.

Recently, one compliant of mine was dismissed by the Bar council of Delhi on the ground that the complaint was directed against the professional misconduct of the advocate of the opposite party. Bar Council of Delhi erroneously felt that it can not entertain the complaints of the ones against the advocates of the opposite parties. Advocates Act, ofcourse, do not make any such provision.

Please suggest the suitable remedies.


 



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 2 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     29 September 2011

At the high level of Bar Council, injustice by a professional matters and not which party the professional belongs. It is not that only if one gets cheated at the hands of his own lawyer, that one gets aggreieved. One as well faces irreversible losses even if a lawyer representing the oponents resort to professional misconduct, cheating etc. Thus, it is the elite body, the Bar Council that is the protector. If the protector refuses to perform for whatever reason it be, then society gets orphaned. God save this situation.

 

The elite body, Bar Council definitely has a responsibility of creating an ambience where justice does not fail to whoever it be, whenever it be. Professional knowledge should not be misused to cause injustice to anybody. In law, it is pertinent to note that there are many who get trapped in vicious circumstances and struggle to keep going.

 

When one knocks at the doors of the elite body, Bar Council, it is a real life opportunity for it to access law, conduct a thorough system analysis of law in practical day to day life amidst society: The way law is working at the societal level, the way law is working at the hands of different professionals etc. It is imperative to involve in impartial exercises and do justice irrespective of what.

 

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Hope this matter can be taken up in a 'Review Petition' in all earnestness.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     30 September 2011

Advocates Act, 1961 Section 37 reproduced below does give the answer to the problem on hand.

 

37. Appeal to the Bar Council of India.—(1) Any person aggrieved by an order of the disciplinary committee of a State Bar Council made 3[under section 35] 4[or the Advocate General of theState] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass such order 1[(including an order varying the punishment awarded by the disciplinary committee of the State Bar Council)] thereon as it deems fit:
1[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.]


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