Saturday, Dec 07, 2002
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By J. Venkatesan
A Bench comprising Justice V.N. Khare and Justice Ashok Bhan while voicing this concern upheld an order passed by the Bar Council of India (BCI) debarring permanently an advocate, Vikas Deshpande, from practising for fraudulently misappropriating the sale proceeds of a client's house. The BCI also imposed Rs. 25,000 as costs on the advocate.
Holding that the appellant "has committed a grave professional misconduct", the Bench observed that the "relationship between an advocate and his client is of trust and therefore sacred.
Such acts of professional misconduct and the frequency with which such acts are coming to light distresses as well as saddens us".
The Bench was of the view that preservation of mutual trust between the advocate and the client was a must, otherwise the prevalent judicial system in the country would collapse and fail.
"Such acts do not only affect the lawyers found guilty of such acts but erode the confidence of the general public in the judicial system", the Bench noted.
Pointing out the reasons for this trend, the Bench said "it is more so, because today hundred per cent recruitment to the Bench is from the Bar starting from the subordinate judiciary to the higher judiciary. You cannot find honest and hard working judges unless you find honest and hard working lawyers in their chambers''.
The Bench said "time has come when the society in general, respective Bar Council of the States and the Judges should take note of the warning bells and take remedial steps and nip the evil or the curse in the bud''.
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