AIR 1964 SUPREME COURT 244 ::1964 3 SCR 1 ::1964 (1) AndhLT 121 ::1964 SCD 136

Supreme Court Of India

(From Andh Pra : AIR 1962 Andh Pra 201)

Hon'ble Judge(s): B. P. Sinha, J. C. Shah, N. Rajagopala Ayyangar , JJJ

(A) Constitution of India , Art.136— Jurisdiction of High Court in cases of professional misconduct - Finding of High Court - Interference by Supreme Court. Bar Councils Act (38 of 1926) , S.10— The jurisdiction exercised by the High Court in cases of professional misconduct is neither civil nor criminal as these expressions are used in Arts. 133 and 134 of the Constitution. In one aspect it is a jurisdiction over an officer of the Court and the Advocate owes a duty to the Court apart from his duty to his clients,. In another aspect it is a statutory power and a duty vested in the Court under S. 10 of the Bar Councils Act to ensure that the highest standards of professional rectitude are maintained, so that the Bar can render its expert service to the public in general and the litigants in particular and thus discharge its main function of co-operating with judiciary in the administrance of justice according to law. This task which is at once delicate and responsible the statute vests in the High Court and therefore the primary responsibility of ensuring it rests with it. The Supreme Court is in consequence most reluctant to interfere with the orders of High Courts in this field, save in exceptional cases when any question of principle is involved or where the Supreme Court is persuaded that any violation of the principles of natural justice h....