Every profession, be it the world's oldest is governed by an ethical code of Conduct. Just like practitioners of the oldest profession, Advocates too have to adhere to the rules of professional conduct as mandated by the Bar Council of India.
In the infamous Tarun Tejpal case, wherever legal minds meet the issue is being debated as to whether the appearance of Senior Advocate Saresh Lotlikar as Special Public Prosecutor before Judge Anuja Prabhudessai, despite she having once been his client meets the requirements of such professional code of ethics. Saresh Lotlikar should not have appeared before a Judge who had been his client. It certainly amounts to gross misconduct. Judge Anuja Prabhudessai could have also recused from hearing the matter on this very ground. Instead of putting the Judge in an embarrassing situation, Saresh Lotlikar should himself have declined to appear before a Judge with whom he had an Advocate - Client relationship. In times when the credibility of the Judiciary is at an all time low, as Officers of the Court we have to do everything possible to strengthen the integrity of the Courts - the Temples of Truth. Courts should never end up being perceived as Casinos. One cannot remain a mere spectator to such low levels of professional misconduct. I would be abdicating my duty if I fail to place this material before the Bar Council for proper adjudication. It is going to be no easy task, given the fact that Saresh Lotlikar was my Professor at the Law College. However, it has been famously said: "The silent spectator of injustice, who does not raise even a finger in opposition, is as guilty as (if not more than !) the perpetrator of injustice." This issue of Saresh Lotlikar having appeared before a Judge who had been his client needs to be tested up to the highest Court, if necessary, to ensure that justice is not made a casualty. Was it also a mere coincidence that it was Saresh Lotlikar who, acting behind the curtains, had initiated plans of a gala dinner in honour of Justice Anuja Prabhudessai on her recent elevation to the High Court? But, as there has to be Zero tolerance to any wining and dining of Judges by Advocates, that 'fishy' dinner thankfully never took place. Goa's judiciary was saved of another blot on its face. Aires Rodrigues T1 - B30, Ribandar Retreat Ribandar - Goa - 403006 Mobile: 9822684372