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2004 Supreme(Guj) 605

Gujarat High Court
Judgename :DEV KANT TRIVEDI, K.M.MEHTA
AJIT D.PADIWAL - Appellant
Versus
STATE OF GUJARAT - Respondent
C.A.5683 of 2004
Decided On : 09/22/2004

Advocates Appeared: A.D.Padival, ARUN D.OZA, Chetan Pandya, GIRISH D.BHATT, HARSHAD A.DAVE, J.B.PARDIWALA, K.B.ANANDJIVALA, S.N.SHELAT, S.V.RAJU

Headnote:

Advocates Act, 1961 - Constitution of India,1950 - Articles 226 and 14 – Petition which was filed in year by practicing advocate on basis of news paper report against the issuance of non boilable warrant against high dignitaries of Maharashtra State by Judicial magistrate at alleging that in Court in district that warrants are being issued against anyone and everyone just for asking and all that has to be done is to file complaint of whatsoever nature - Petitioner a practicing advocate has while filing this public interest litigation annexed copies of news paper reports published in daily Times of India from as Gujarati News paper and other news papers cuttings published - Relying upon said news items petitioner had approached for seeking relief by way of filing petition - Bar Council of Gujarat Rules and/or initiating contempt proceedings for act of perjury in larger interest of institution and public at large by issuing a writ of mandamus or any other appropriate writ, order or direction of this Honorable High Court – Held, Before concluding this Court is beholden to Advocate General who has appeared in this matter as amicus curie in his personal capacity as senior counsel advocate for High Court to deal with this matter - Both advocates have very ably assisted this court - It may be noted that in this matter there is a voluminous record and several facts arise- Moreover important questions of law regarding PIL quashing and standards of judiciary and standards of advocates are also involved but for their able assistance it would not be possible to decide this matter which has taken so many days in hearing of matter - This Court is also extending gratefulness to government Pleader for State Government advocate for applicant and counsel who appeared on behalf and have greatly assisted this Court in resolving this difficult matter which raised very important questions of law and facts - Main judgment is delivered by Justice and certain directions have been given in said judgment - However in view of importance of matter Justice has given a separate but concurring judgment in this behalf – Petition disposed (Para 155)

Judgement Key Points

Certainly. Based on the provided document, the key points are as follows:

  1. The legal proceedings involve a public interest litigation initiated by an advocate seeking action against advocates, judicial officers, police personnel, and staff involved in issuing or facilitating bogus warrants and false complaints, notably in cases from Dakor and

D. K. TRIVEDI, J.

( 1 ) PETITION, which was filed in the year 1994, by practicing advocate on the basis of the news paper report against the issuance of non bailable warrant against the high dignitaries of Maharashtra State by the Judicial magistrate at Dakor alleging that in Dakor Court in district Kheda that the warrants are being issued against anyone and every one just for asking and all that has to be done is to file complaint of whatsoever nature. The petitioner late Shri Ajit D. Padiwal, a practicing advocate has while filing this public interest litigation annexed the copies of news paper reports published in daily Times of India from Ahmedabad dated 9. 12. 1994 as well as the Gujarati News paper "gujarat Samachar" from ahmedabad dated 8. 12. 1994 and other news papers cuttings published from Ahmedabad, Vadodara and Rajkot, namely, daily Lok Satha dated 8. 12. 1994. Relying upon the said news items, the petitioner had approached for seeking relief by way of filing petition under Articles 226 and 14 of the Constitution of India by joining State of gujarat and Registrar of High Court of Gujarat and the bar Council of Gujarat and prayed for directions, which reads in paragraph 13 as under:-"13. (A) Your Lordships be pleased to direct appropriate proceedings be initiated against the persons involved in the scandal of warrants like initiating criminal prosecution and/or disciplinary proceedings under the Advocates Act, 1961 read with the Bar Council of Gujarat Rules and/or initiating contempt proceedings for the act of perjury, in the larger interest of the institution and the public at large, by issuing a writ of mandamus or any other appropriate writ, order or direction of this Honourable High Court. (B) Yours Lordships be pleased to direct that appropriate enquiry be held by the concerned respondents/competent authorities with regard to the scandal of warrants as per the news report at Annexure A colly. and further be pleased to direct the concerned respondents to place the persons under suspension/ to suspend the Sanad of all concerned advocates involved in the scandal of warrants as per the news report at Annexure A colly. , by issuing appropriate writ, order or direction of this Honble High Court. (C) Your Lordships be pleased to direct the concerned respondents to hold appropriate enquiry with regard to the scandal of warrants as per the news report at Annexure A colly. and be pleased to direct the concerned respondents to submit the report in that regard to this Honourable High Court by issuing a writ of mandamus or any other appropriate writ, order or direction of this Honourable High Court. (D) Your Lordships be pleased to forthwith direct the concerned respondents to place the concerned persons under suspension/to suspend the Sanad of the concerned advocates involved in the scandal of warrants as per the news report at Annexure A colly. to the petition, pending the final disposal of this petition. (E) Your Lordships be pleased to grant any such other and further reliefs as thought fit and proper, in the interest of justice. "

( 2 ) THIS petition is affirmed by late Shri Padiwal on 12. 12. 1994 and this petition was treated as public interest litigation. As transpired from the docket sheet, the matter was ordered to be circulated for admission before the court on 13. 12. 1994 as per direction of the learned Chief Justice Shri B. N. Kirpal and Justice a. N. Divecha and the Division Bench consisting of Chief justice and Justice Divecha had issued notice which was made returnable on 20. 12. 1994 by permitting direct service. Unfortunately this petition though notified earlier for consideration before the Division Bench had remained pending till it was notified before us for consideration.

( 3 ) AS the petition is filed as public interest litigation and the original petitioner Shri Padiwal had expired, who was practicing advocate of this court, we thought it fit to proceed further with the hearing of this petition with








































































































































































































































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