1. This case arose on the complaint of a litigant who had engaged the advocate concerned in a criminal case. The litigant had launched a criminal prosecution under S. 323 of the Travancore Penal Code in the Second Class Magistrate's Court at Kottayam. The advocate was engaged by him to conduct the prosecution. His complaint is that two of the principal witnesses whom he had summoned to give evidence in his favour and who were present in court were given up by the advocate without consulting him and without his knowledge and consent. The matter was referred to the Bar Council Tribunal which has submitted its report. On the question as to whether the advocate gave up the witnesses without the knowledge and consent of the complainant, the finding recorded by the Bar Council Tribunal is against the litigant. They have stated that in their opinion the witnesses were given up by the advocate with the knowledge and consent of the litigant and there was no suppression of any facts from him. With regard to the power of giving up witnesses which an advocate can exercise when he is engaged by a litigant, the Bar Council Tribunal has also recorded its opinion based upon judicial de