ORDER :

(Pushpendra Singh Bhati, J.)

The matter comes up on second stay petition.

2. At the outset, Mr. Anand Purohit, learned Senior Counsel assisted by Mr. Kapil Purohit appearing on behalf of the respondent-Bar Council of India submits that a very irresponsible statement, with derogatory language and remarks, was made by the petitioner, even when he is holding the responsible position of a Member of the Bar Council of Rajasthan.

2.1 Learned Senior Counsel further submits that the conduct, in question, of the petitioner is apparently unbecoming of a lawyer as well as that of a Member of Bar Council of Rajasthan and sends wrong message to the younger members of law fraternity.

2.2 He submits that the Bar Council of India deprecates such practice, and thus, a serious and stern action is warranted against such lawyers, and unless it is done, it will be very difficult to train the young lawyers, while imposing among them, the discipline, which is one of the pre-requisites for this noble profession, and also for them to maintain the professional ethics, which are the requirements of the day.

2.3 Mr. Anand Purohit, being a very Senior Practising Counsel, also expressed his extreme anxiety over such behaviour, and submits that the Bar Council of India has rightly taken the decision to debar the petitioner from participating in the proceedings of Bar Council. He further submits that such action was called for and justified in light of the fact that a message has to be given to the members of the law fraternity, that they should maintain the highest standards in the legal profession, while abiding by the professional ethics as well as the moral standards.

A lawyer in this Nation enjoys huge respect of a common man. He also submits that the State Bar Councils have powers to punish any advocate for his professional or other misconducts, as per section 35 of the ADVOCATES ACT , 1961.

The said Section is reproduced as hereinbelow:

"35. Punishment of advocates for misconduct.- (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.

[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.]

(2) The disciplinary committee of a State Bar Council 4 shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State.

(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely:-

(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;

(b) reprimand the advocate;

(c) suspend the advocate from practice for such period as it may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India.

(5) Where any notice is issued to the Advocate-General under su