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A.C.GUPTA, R.S.SARKARIA, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Bar Council Of Maharashtra – Appellant
Versus
M. V. Dabholkar – Respondent
The legal profession is characterized as a noble profession requiring the highest standards of ethics, probity, and public trust, distinct from any trade or commercial activity.[1000168030002][1000168030014][1000168030019][1000168030022]
It demands scrupulous observance of norms to maintain public confidence in the administration of justice, with solicitation, advertising, or scrambling for briefs deemed dishonourable and unbecoming. (!) [1000168030002][1000168030017][1000168030018][1000168030022]
Deviant conduct, such as physically fighting or snatching briefs from clients, undermines this noble calling and invites disciplinary action under professional ethics.[1000168030002][1000168030016][1000168030017][1000168030018]
Historical and universal understanding holds that such practices as brief-snatching are revolting and grounds for suspension or disbarment, preserving the profession's dignity.[1000168030018][1000168030019][1000168030022]
Ethics are not confined to specific rules but arise from crystallized case law, collective conscience, and moral codes tested against high norms of propriety.[1000168030014][1000168030019][1000168030021][1000168030024]
JUDGMENT
KRISHNA IYER, J.:—These appeals have filled us as much with deep sorrow as with pained surprise. The story of the alleged professional misconduct and the insensitivity of the disciplinary authority to aberrant professional conduct have been the source of our distress, as we will presently explain, after unfurling the factual canvas first.
2. The first chapter of the litigation in this Court related to the standing of the State Bar Council to appeal to this Court, under Sec. 38 of the Advocates Act, 1961 (the Act, for short) against an appellate decision of the Disciplinary Tribunal appointed by the Bar Council of India. This Court upheld the competence to appeal, thus leading us to the present stage of disposing of the eight cases on merits.
3. The epileptic episodes- what other epithet can adequately express the solicitation circus dramatised by the witnesses as practiced by the panel of advocate-respondents before us ?- make us blush in the narration. 244 For, after all, do we not all together belong to the inner republic of bench and bar ? The putative delinquents are lawyers practising in the criminal courts in Bombay City. Their profession ordains a high level of eth
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