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PUSHPENDRA SINGH BHATI
Mahesh Sharma – Appellant
Versus
Bar Council of India – Respondent
Headnote: Read headnote
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, w
The Bar Council can initiate disciplinary action based on a reasonable belief of wrongdoing or a formal complaint without infringing on an advocate's rights until a final order is made.
Rule 7 of the Bar Council, prohibiting former judicial officers from practicing for two years in prior jurisdiction, is a reasonable restriction in public interest under Article 19(1)(g) of the Const....
The legal profession must maintain its integrity and cannot be commercialized; advertising and solicitation of legal services are strictly prohibited.
The Bar Council lacks the authority to impose interim suspension on an Advocate pending disciplinary proceedings, as per the Advocates Act, 1961, which mandates adherence to due process and principle....
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
The call to abstain from court work by the Bar Council violates statutory rights and Supreme Court directives.
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
Point of Law : It is one of the fundamental rules of our constitutional set-up that every citizen is protected against exercise of arbitrary authority by the State or its officers. Duty to act judici....
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