B.JAGANNATHA DAS, N.H.BHAGWATI, M.C.MAHAJAN, B.K.MUKHERJEE, GHULAM HASAN
Shiv Narain Jafa – Appellant
Versus
Judges Of High Court Of Judicature At Allahabad – Respondent
Judgement
GHULAM HASAN, J. :
Mr. Shiva Narain Jafa, an Advocate practising at Budaun, has appealed against the decision of a Full Bench of the Allahabad High Court suspending him from practice as an Advocate for a period of six months under the provisions of the Indian Bar Councils Act.
2. It appears that in 1942 one Ganesh was prosecuted before Mr. N P. Sanyal, Assistant Sessions Judge. Budaun, under S. 376, Penal Code, read with S.511. Penal Code, for an attempt to commit rape upon a Chamar woman called Himman. His defence was a denial of the offence and the improbability of his attempting such an offence owing to his physical defect. He attributed his implication in the offence to his enemies. Ganesh was convicted and sentenced to 5 years rigorous imprisonment, but his sentence was reduced on appeal by the High Court to one year s rigorous imprisonment. Mr. Jafa represented Ganesh at the trial. It was in connection with his conduct as an Advocate in the trial that Mr. Sanyal complained to the High Court for taking disciplinary action against Mr. Jafa for professional misconduct. The High Court directed the District Judge. Pudaun under S. 10(2). Bar Councils Act to hold an inquiry
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