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------------------------------------------------------------ Lawyers eating into foundation of judiciary: HC ------------------------------------------------------------ The Panjim Bench of the Bombay High Court has observed that it is most unfortunate that the rock bottom of the foundation of the judiciary is being eaten slowly by the white ants like the lawyers against whom their own clients have made serious complaints and who have been finally punished for their misdeeds.
This observation was made in the judgement of Ranjit Satardekar (advocate) v/s Rucmini Narvekar and others. In the judgement, the court has taken a very serious view of illegalities committed by lawyers and advocates in general.The petitioner had approached the High Court challenging the Order of June 14, 2003 passed by the Disciplinary Committee of the Bar Council of Maharastra and Goa refusing to stay disciplinary proceedings against him during the pendency of the criminal complaint in the same matter before the Criminal Court at Panjim.
A disciplinary case had been initiated on the complaint filed by Rucmini Raghunath Narvekar of Sawantwadi, making serious allegations of professional misconduct by the petitioner causing grave injury to her rights and property.
He allegedly misused his power of attorney and deprived Rucmini and her deceased husband of property by a sale deed executed by him, purporting to sell and transfer the property in the name of his wife.
In their 22-page judgement the double bench comprising Justice R J Kochar and Justice P V Hardas quoted Lord Halifax, - "If laws could speak for themselves, they would complain of lawyers in the first place".
The court observed, "it is indeed very unfortunate that the noble profession of the legal fraternity has come under cloud. The present is not the only solitary instance. There are a number of such complaints which are pending before the Bar Council against the Advocates".
Stating that the recent developments and reported cases concerning members of the legal fraternity "have perturbed us more", the judges pointed out that if the independent judiciary is the pillar of the Indian democracy, the legal fraternity functioning in the independent judiciary is the very foundation of the democracy.
"Our profession has a very noble and great past history. We have had a large number of legal luminaries who have set great ideals of sacrifice, nobility and independence. It is however most unfortunate that the rock bottom of the foundation of the judiciary is being eaten slowly by the white ants like the lawyers against whom their own clients have made serious complaints and who have been finally punished for their misdeeds. The complaint against the petitioner is also of the very same nature", the court observed.
The court observed that though it was possible that the charges levelled against the petitioner would be proved and that he would get appropriate punishment, the damage he had allegedly done to his clients and to the legal profession can never be redeemed, and the injury inflicted by his betrayal on the noble professions would never be healed.
"If he (advocate) commits any misdeed or misconduct as a member of the legal fraternity, the system at large suffers and people tend to lose confidence in the legal fraternity which is the foundation of the rule of law. And once such unfortunate event takes place, large number of people start suspecting all those who work in the judicial system. Such diseases are infectious and they tend to spread very fast if not cured timely".
"The nature and character of such enquiry (before the Bar Council) therefore cannot be put on par and can never be equated with the disciplinary proceedings against the delinquent employees by their employers".
"We have to deal with very ruthlessly any black sheep amongst us so that the course of justice is not polluted even slightly". "In an enquiry against an erring lawyer, he has to cleanse himself of even the slightest doubt or aspersion cast on him. He must meet the allegations before the disciplinary committee which is constituted by his own peers.
As a legal fraternity, we must cherish our nobility not only in the interest of the profession but in the interest of the whole judicial system", observed the High Court while declining to stay the disciplinary proceedings against the advocate.
"Every such enquiry must be completed irrespective of the criminal or civil proceedings even on the same set of facts and allegations", it held.
Referring to the case, the court observed that prima facie it was a totally improper act on the part of the petitioner. "he ought not to have fallen prey to such temptations. He ought to have kept himself away and aloof from such events".
The High Court expressed confidence that the disciplinary committee shall expedite the proceedings and shall come to a final conclusion as early as possible without any delay considering the fact that the complainant is an old widow and the dispute is pertaining to old events and imposed a sum of Rs 10,000 as costs on the petitioner to be paid to Rucmini. --------------------------------- HERALD 17/9/03 page 1 ---------------------------------
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