Brief Facts
- The Petitioner through the present petition sought to expunging the adverse remarks recorded against the petitioner advocate in Para 9, 10 and 11 of the order dated 8.2.2024 passed in S.B. Criminal Misc. Petition No.548/2024. It was observed that demeanour of the petitioner was not proper as he misbehaved with the Court, failed to maintain discipline and showed tantrum & attitude to the Court. The Court ordered to keep the conduct of the Petitioner on record.
- During the course of present petition, the Petitioner furnished an additional affidavit submitting that he holds high esteem for the Court and expressed regret.
Issues
- Rule and duties of the Advocates appearing before the Hon’ble Courts. Whether adverse remarks affecting the professional reputation of an advocate can be recorded by a Court without affording him an opportunity of hearing, in light of the principles of natural justice?
Held
- The High Court allowed the Petition and expunged the remarks made against the Petitioner on the basis of the regret expressed by the Petitioner in his additional affidavit and relying on the judgments passed in the case of Neeraj Garg vs. Sarita Rani and Others, 2021 (9) SCC 92, Dushyant Mainali vs. Diwan Singh Bora and Another [SLP(C) No.15191/2022] & State of UP vs. Mohd. Naim, AIR 1964 SC703 wherein it was held that before making any adverse remark, even against a lawyer, an opportunity of hearing is required to be given and the principle of natural justice is required to be followed. The findings of the Court are as under:
- Advocates are officers of the Court first and they are the mouth speaker of their clients after that. Being officer of the Court, an Advocate is not expected to be either discourteous to the Court or Judge or use intemperate language against the Judge. Instance of any kind of misbehavior towards the Court cannot be tolerated. Courts can function only in a cordial atmosphere.
- Maintenance of certain ethical standards is very necessary for upholding the dignity of the legal profession. As officers of the Court, Advocates should always maintain decorum in the Courtroom. An Advocate is supposed to control his emotions in the Courtroom, especially when the Judge makes a decision or passes an order. He/She should not make any faces or express disagreement or gratitude over the Court’s order. Controlling emotions depicts seriousness and professionalism, which should not be limited to the four walls of the Courtroom. An Advocate is supposed to convince the Court by his/her logical arguments and reasons and not by appealing his sentiments.
- Lawyers play an important part in the administration of justice. The profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation.
Relevant Para No.
- 6, 7, 8, 14, 15, 21 and 22