S. Ravindra Bhat, J.

“The advocate has a duty to the court which is paramount. It is a mistake to suppose that he is the mouthpiece of his client to say what he wants: or his tool to do what he directs. He is none of these things. He owes allegiance to a higher cause. It is the cause of truth and justice. He must not consciously mis-state [sic] the facts. He must not knowingly conceal the truth...He must produce all the relevant authorities, even those that are against him. He must see that his client discloses, if ordered, the relevant documents, even those that are fatal to his case. He must disregard the most specific instructions of his client, if they conflict with his duty to the court. The code which requires a barrister to do all this is not a code of law. It is a code of honour. If he breaks it, he is offending against the rules of the profession and is subject to its discipline.”

(Lord Denning) [Rondel v Worsley 1966 (3) WLR 950]

1. It is the duty owed by the Bar to the Courts, which is in issue in this common judgment which disposes of four writ petitions that call for a decision of public importance involving the functioning of courts and their orderly conduct. B