Professional misconduct of lawyers in Bharatham : - Part-2.
Opinion
03/10/2016.
757.
All Members,
Respected family members of this great holy Nation.
Sub : Professional misconduct of lawyers in Bharatham : - Part-2.
Ref : Media reports :
A. Lawyers attack journalists at Kerala High Court premises :
B. Shameful attempt by Kerala courts to silence media :
With no compromise at sight, people are wondering if pressure tactics of the lawyers have the tacit support of the government.
C. Attack on media persons by advocates: Advocate General favours judicial probe :
Criticising the advocates' protest, Chairman of Kerala State Human Rights Commission Justice J B Koshy said advocates boycotting court proceedings was against the Supreme Court's directive.
1. NOTE :-
A.
a). To understand the scope and implication of the term ‘misconduct’, the context of the role and responsibility of an advocate should be kept in mind.
b). Misconduct is a sufficiently wide expression, and need not necessarily imply the involvement of moral turpitude. ‘Misconduct’ per se has been defined in the Black’s Law Dictionary to be “any transgression of some established and definite rule of action, a forbidden act, unlawful or improper behavior, willful in character, a dereliction of duty.”
c). In a different context, the Supreme Court has opined that the word “misconduct” has no precise meaning, and its scope and ambit has to be construed with reference to the subject matter and context wherein the term occurs.
d). In the context of misconduct of an advocate, any conduct that in any way renders an advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice may be considered to amount to misconduct, for which disciplinary action may be initiated.
B.
e). Darling J, defined the expression professional misconduct in, In re A Solicitor ex parte the law society as, It is shown that the advoate in the pursuit of his profession has done some thing with regard to it which would be reasonably regarded as disgraceful or dishonourable by his professional brethren of good repute and competeny, then it is open to say that he is guilty of professional misconduct.
f). Misconduct is sufficiently comprehensive to include misfeasance as well as malfeasance and is applied to the professional people, it include unprofessional acts even though they are not inherently wrongful.
g). The professional misconduct may consist the fact in any conduct, which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it.
h). In state of Punjab v Ram Singh the supreme Court held that the term misconduct may involve moral turpitude, it must be improper or wrong behaviour, unlawful behaviour, willful in character, a forbidden act, a transgression of established and definite rule of action or code of conduct, but not mere error of judgement, carelessness or negligence in performance of duty.
Lawyers VS Media :
Report : -
1. Witness says govt pleader Dhanesh Manjooran grabbed woman :
..........................................................................................
Dhanesh had claimed that the case is a fabricated one Malayala Manorama Published: Jul 28, 2016, 05:4...
Kochi: An eye-witness in the molestation case involving High Court Government Pleader Dhanesh Mathew Manjooran said that he saw the lawyer grabbing the woman while she was walking on the MG Road here.
Shaji Kochi: An eye-witness in the molestation case involving High Court Government Pleader Dhanesh Mathew Manjooran said that he saw the lawyer grabb...
Dhanesh had pleaded innocence in the case and claimed that the case is a fabricated one. He had moved the High Court urging dismissal of the case, but his petition was rejected by the court.
Shaji, who runs a hotel on MG road, told Mathrubhumi News that the lawyer grabbed the woman. The incident happened on July 14. The woman had filed a complaint against Dhanesh.
According to Shaji, he saw the incident while on his way to buy vegetables for restaurant. When the woman cried for help, Dhanesh tried to flee from the spot. However, people caught hold of him and handed him over to the police.
My view
1. LAWYERS ASSUME THAT THEY ARE THE LAW;
2. POLICE ASSUMES THAT THEY ARE THE LAW;
3. MEDIA THINKS THEY ARE ABOVE THE LAW;
4. WHERE THE POOR HELPLESS CITIZEN IS PLACED?
5. IS THIS A DEMOCRATIC COUNTRY?
Thank you for reading
JAIHIND.
To be continued ..
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