LexBAR COUNCIL OF MAHARASHTRA versus M. V. DABHOLKAR. ETC. ETC
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306 BAR COUNCIL OF MAHARASHTRA v. M. V. DABHOLKAR. ETC. ETC. August 13, 1975 [A. N. RAY, C.J., H. R. KHANNA, K. K. MATHEW, M. JI. BEG, V. R. KRISHNA IYER, A. C. GUPTA AND S. MURTAZA FAZAL ALI, JJ.] Adrocates Act, 1961-Sections 37 and 38 Scope of-"Person aggrieved" if a State Bar Council could be a "person aggrieved". The State Bar Councils created by the Advocates Act, 1961 have been en- trusted v;1ith the functions inter alia of entertaining and determ!ning cases of misconduct against advocates on their rolls and to safeguard their rights, privi- leges and interests. The Bar Council of India wh'..ch is a national body created by the Act is entrusted with the work of laying down standards of professiona-1 conduct and etiquette and overseeing the functioning of the State Bar Councils. Under s. 35 of the Act, if a State Bar Council, either on receipt of a complai.nt or otherwise has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case to its Disciplinary Committee wh'.,ch, after due inquiry may impose certain penalties. An appe<1l from the decision of the State Bar Council lies to the Bar Council of India. Any "person aggrieved" by an order of the Disciplinary Committee of the Bar Council of India may, under s. 38, appeal to the Supreme Court. In exercise of the po\vers conferred by the Act the Bar Council of Ind'..a framed rules re- lating to professional conduct and etiquette, r. 36 of which says -:bat advocates shall not solicit work or advertise themselves. 1 he State Bar Council, in the present case, issued notices to the respondents suo nzotu alleging that they stood at the entrance of the court house at the Presidency Mag'.strate's Court, Fort Bombay and solicited work etc., and that the said act amounted to professional and/or other misconduct. The Discip- linary Committee of the State Bar Council found the respondents guilty of con- duct \vhich absolutely lowered the reoutafion of the Bar in the eyes of the pub- lic and suspended them from practising ~ advocates. The respondents' appeal to the Bar Counc'.l of India having been allowed, the State Bar Council has come u.p in appeal to this Court under s. 38. Before the Bar Council of India the State Bar Council had not appeared. On the question whe·'.her the State Bar Council is a "person nggrieved", Allowing the appeals, Held: [By the full Court], The State Bar Council is an "aggrieved person" to maintain an appeal under the Act. (per Ray, C.J., ,Khanna, 1\1athe\Y, Gupta and Murtaza Fazal Ali, JJ): (1) The Bar Counc!l is a "person aggrieved" because (i) the words "person aggrieved" in the Act are of wide import in the context of the purpose and pro- visions of the statute and should not be subj'ected to a restricted interpretation of possession or denial of legal rights or burdens or financial interests. In dis- c'..plinary proceedings before the Di5ciplinary Committee there is no lis and there A ~ n. > .'-r c ' ' I) E F G are no parties. The word 'person' will embrace the Bar Council which repre- -..1~ sent-; the Bar of the State; (ii) the Bar Council represents the collective ·con- "" science of the standards of professiona-1 .:onduct and etiquette. The Bar Coun- ff cil acts as the protector of the purity and dignity of the profession; e.ii) the function of the Bar Council in entertaining complaints against advocates indicates that the Bar Council is ~nterested in the proceedings for the vindication of dis- cipline, dignity and decorum of the profession; (iv) vi hen the Bar Council ini- • .. A B c - D E F - • G H BAR COUNCIL v. M. V. DABHOLKAR (Ray, C.J.) 307 tiates proceedings by referring cases of misconduct to the Disc~,plinary Com- mittee, the Bar Council, in the performance of its function under the Act, is in- terested in the task of seeing that the advocates maintain proper standards and et:.quette of the profession and (v) the Bar Council is vitally concerned with the decision, in the context of its functions. The Bar Council will have a grie- vance if the decision prejudices the maintenance of standards of prafessional conduct and ethics. f315G: 316D-G1 (2) (a) The Bar Council acts as the sent!.nel of professional code ot con- duct and is vitally interested in the rights and privileges of the advocates as well as th.e purity and dignity of the profession. [316A-BJ (b) The grievance of the Bar Coun
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