IN THE HIGH COURT OF MADRAS SPECIAL BENCH
Alfred Henry Lionel Leach, C.J.
In Re: Ottappalam
Versus
Decided On : 23.11.1942
Legal Practitioners Act - Misconduct of Legal Practitioner - The court found the respondent guilty of improper conduct as a legal practitioner for disrupting the work of the court and interfering with the administration of justice by making a demonstration in court. The court invoked Section 13 (f) of the Legal Practitioners Act and suspended the respondent's sanad for twelve months.
Fact of the Case:
The respondent, a pleader, was convicted under the Defence of India Rules for interrupting the work of the Subordinate Judges Court and the Court of the District Munsiff by shouting Congress slogans and exhorting the Subordinate judge to resign.
Finding of the Court:
The court found the respondent guilty of improper conduct as a legal practitioner and invoked Section 13 (f) of the Legal Practitioners Act to suspend the respondent's sanad for twelve months.
Issues: Misconduct of a legal practitioner, interference with the administration of justice, invocation of Section 13 (f) of the Legal Practitioners Act.
Ratio Decidendi: The duty of a legal practitioner to assist the court and not to interfere with the work of the court and the administration of justice. The court has the power under Section 13 (f) to suspend or dismiss a legal practitioner for any reasonable cause.
Final Decision: The court suspended the respondent's sanad for a period of twelve months.
Alfred Henry Lionel Leach, C.J.
1. The respondent is a pleader practising at Ottappalam. On the 21st August, 1942, he was convicted under Rule 34 (6) (c) read with Rule 38 (5) of the Defence of India Rules by the Joint Magistrate of Malappuram, and sentenced to undergo rigorous imprisonment for one month. The evidence in that case showed that he had interrupted the work of the Subordinate Judges Court, Ottappalam, by shouting Congress slogans and exhorting the Subordinate judge to resign his position as a protest against the arrest of the Congress leaders. As the result of the respondents disorderly conduct the Subordinate Judge was forced to retire to his room. The respondent was then ejected from the Court. The respondent afterwards went to the Court of the District Munsiff and made a similar demonstration. In consequence he has been called upon to show cause why he should not be dealt with under Section 13 (f) of the Legal Practitioners Act. The respondent has not appeared but has written a letter to the Registrar of the Court in which he says that there is no case for action against him under the Legal Practitioners Act.
2. In effect he admits his misconduct in the two Courts referred to but attempts to excuse himself on the ground that his action was prompted by what he describes at. "the legitimate object of securing the countrys freedom". No charge has been framed against him under Section 12 of the Legal Practitioners Act and therefore it is not necessary to consider whether that section can be invoked in such a case as this. It is manifest, however, that the respondent has been guilty, of improper conduct as a legal practitioner. It is the duty of a legal practitioner to assist the Court. If he appears in Court and makes a demonstration which has the effect of interfering with the work of the Court and the administration of justice he does something which a member of the legal profession certainly ought not to do. The Court has power under Section 13 (f) to suspend or dismiss a legal practitioner for any reasonable cause. We consider that reasonable cause has been shown here for the taking of action against the respondent : He has suffered a term of imprisonment but that does not mean that he should not be dealt with under the Act. His conduct has been such that we direct that his sanad be suspended for a period of twelve months.
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.