PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTANCY SYSTEM

Practical Record submitted to KLEF (Deemed to be) University,

Andhra Pradesh In Partial Fulfillment of The Requirement for the Award of Grades in the
subject Professional Ethics and Professional Accountancy System.

BY

MULA SHREE RAMYA NAG

190550057

Under the guidance of Course Coordinator

Ms. Moutushi Thakur

Assistant Professor
Department of Law
K L Deemed to be University

KLEF College of Law

KL (DEEMED TO BE) UNIVERSITY
Green Fields, Vaddeswaram, Tadepalli,
Guntur – 522502, Andhra Pradesh.

2023 – 2024.

1
 DECLARATION

This record work entitled, “PROFESSIONAL ETHICS AND PROFESSIONAL

ACCOUNTANCY SYSTEM”, is submitted in partial fulfilment of the requirements for
the award of the grades in the Course. This record was prepared by me at KLEF College of
Law, Andhra Pradesh. This workis original and has not been submitted previously either in
part or full for the consideration of a grade to this university or any other university.

MULA SHREE RAMYA NAG

190550057

2
 CERTIFICATE

This is to certify that the Record entitled “PROFESSIONAL ETHICS AND

PROFESSIONAL ACCOUNTANCY SYSTEM,” submitted to KLEF College of Law,
KLEF (Deemed to be) University by Mula Shree Ramya Nag bearing ID No: 190550057,
Student of BBA, LL.B. Final Year for the award of grades in the Course is a bonafide Record
work and carried out under our supervision and guidance. This has not been previously
submitted to any University for the award of any grades in the said course.

Course Coordinator
Ms. Moutushi Thakur

3
 ACKNOWLEDGEMENTS

It was a wonderful experience to conduct research relating to the subject “PROFESSIONAL

ETHICS AND PROFESSIONAL ACCOUNTANCY SYSTEM” is my original work.

It is my proud privilege to express my gratitude and thanks to my Course Coordinator Ms.

Moutushi Thakur Garu, Assistant Professor, Faculty of Law, KL University for her inspiring
support, constant encouragement, sincere guidance, valuable suggestions, and personal interest
in every stage of research. She stood behind me like a rock in every movement of crises from
the time of starting till the end of the study.

I am grateful to my classmates who helped me by pointing me in the right direction this project
by discussing with me the finer points of the projects and helping me find materials upon which
I could base my research and thus, enrich the paper with details that otherwise would have been
lacklustre.

I want to express my heartfelt gratitude to the library team who patiently dealt with me and
worked relentlessly to provide me with the research resources without which I would not have
been able to finish my paper on time.

Place: Vijayawada.
Date:

Mula Shree Ramya Nag

190550057

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 Table of Contents

S.No Subject Pg. No

1. Introduction. 6

2. Professional Ethics. 7

3. What is Ethics? 8

4. Meaning of Professional Ethics. 9

5. Importance of Professional Ethics. 10

6. Challenges in Upholding Professional Ethics. 12

7. Duties Of the Advocates. 14

8. Professional Misconduct. 16

9. Instances of Misconduct by Advocates. 18

10. Consequences and Disciplinary Measures for Professional Misconduct. 22

11. Contempt of Court. 24

12. Types of Contempt of Court. 25

13. Punishment for Contempt. 27

14. Essence of Power of Contempt. 27

15. Criticism of Contempt of Court. 29

16. Cases on Professional Ethics. 31

17. Cases on Contempt of Court 38

18. Conclusion 41

19. References 43

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INTRODUCTION:

In the realm of law, professional ethics plays a crucial role in maintaining the integrity and
trustworthiness of legal professionals. Lawyers, judges, and legal practitioners are entrusted
with upholding justice and the rule of law, and as such, are held to high ethical standards. The
Profession of Law is a noble calling. It is one of the most brilliant learned and attractive
professions.1 Professional ethics in law encompasses a wide range of principles and
guidelines that govern the behavior and conduct of legal professionals. Law is a learned
profession not merely in the sense that learning is displayed in the practice of it, but that it
calls for the high and noble conduct which is a corollary and consequence of all true
learning.2 These principles include integrity, honesty, confidentiality, impartiality,
competence, and the duty to act in the best interest of clients and the legal system as a whole.
Integrity is fundamental to the practice of law. Lawyers are expected to be honest, truthful,
and transparent in their dealings. They must uphold the highest standards of professional
conduct and avoid any conflicts of interest that could compromise their integrity.
Confidentiality is another critical aspect of professional ethics in law. Lawyers are bound by
the duty to maintain client confidentiality, ensuring that any information shared by clients
remains privileged and protected. This duty enables clients to trust their lawyers and freely
disclose sensitive information without fear of it being shared or used against them.
Impartiality and fairness are core principles in the legal profession. Legal professionals are
expected to act objectively and without bias, ensuring that justice is served and all parties are
treated equitably. Lawyers are considered as the protectors of justice. Lawyers have greater
responsibility to protect the country and lead the community. 3This requires lawyers to set
aside personal beliefs and prejudices and make decisions based on the law and evidence
presented.
Competence is also a vital ethical consideration in law. Legal professionals must possess the
necessary knowledge, skills, and expertise to effectively represent their clients and provide
sound legal advice. Continuous professional development is encouraged to ensure that
lawyers stay abreast of legal developments and maintain their competence throughout their
careers.

1
V. S. Biju, Professional Ethics in legal practice, Asian Journal of Professional Ethics & Management (2009).
2
Mr. Justice F.M. Ibrahim Kalifulla, Professional Ethics: Issues and Challenges & the art of advocacy, JTRI
Journal with annual report (2014).
3
V. S. Biju, supra note 1 at 6.

6
Additionally, legal professionals have a responsibility to promote access to justice and serve
the public interest. This involves providing pro bono services, advocating for legal reforms,
and upholding the principles of fairness and equality.
In conclusion, professional ethics in law is essential for maintaining the integrity and
trustworthiness of the legal profession. Upholding principles such as integrity, confidentiality,
impartiality, competence, and the duty to serve the public interest ensures that legal
professionals continue to fulfil their responsibilities to clients, the legal system, and society as
a whole. By adhering to these ethical standards, legal professionals contribute to the fair and
just administration of law.

PROFESSIONAL ETHICS:

John Stuart Blackie says “A man may be as brilliant, as clever, as strong, and as broad as you
please and with all these, if he is not good, he may be a paltry fellow and even the sublime
which he seeks to reach in his most splendid achievements, is only a brilliant sort of badness.
One thing is needful; money is not needful; power is not needful; even health is not needful;
but character alone – a thoroughly cultivated will – is that which can truly save us.”4

Character plays a crucial role in every profession and aspect of life, in the legal profession
particularly, the integrity of a lawyer holds utmost significance. Maintaining honesty and
ethical conduct is of paramount importance. For a young lawyer, establishing a reputable image
based on professional competence and trustworthiness serves as the most effective
advertisement, especially among fellow lawyers. It is essential to build a well-deserved
reputation for both professional capacity and dedication to fulfilling entrusted responsibilities.
Hence, character and ethical integrity stand out as the most crucial aspect of ethics, something
that every lawyer should cultivate and demonstrate in their everyday conduct.

4
The Bastrop Advertiser (Bastrop, Tex.), Vol. 57, No. 34, Ed. 1, December 4, 1909.

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WHAT IS ETHICS?

The Greek word "ethos" is where the term "ethics" originated. It refers to the customary way
of acting. Generally speaking, ethics refers to well-founded moral principles that outline what
is proper behavior for people, frequently with regard to rights, duties, benefits to society,
justice, or certain qualities. For example, it refers to those standards that impose the
reasonable obligations to refrain from rape, stealing, murder, assault, slander, and fraud. It
also includes those that enjoin virtues of honesty, compassion, and loyalty. 5
Stated differently, ethics is a subfield of moral philosophy that examines and assesses what
constitutes good, poor, and right behavior in human beings. It entails the study of moral
norms, values, and principles that direct people's behavior and decision-making.
A person can use ethics as a framework to base decisions and assessments on values like
integrity, honesty, fairness, and respect.
It encourages us in making morally right decisions and acting ethically by assisting us in
comprehending the intricacies of life, relationships, and careers. Professional settings also
involve ethical considerations in addition to personal ones. Ethical standards and codes of
conduct are formed in a variety of areas, such as business, health, law, and academia, to
guarantee the responsible and ethical behavior of professionals. Ethics also include keeping a
close eye on our own moral convictions and actions while working to make sure that we, as
well as the institutions we assist in creating, adhere to morally sound and reasonable norms.

5
Mr. Justice F.M. Ibrahim Kalifulla, Supra note 3 at 6.

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MEANING OF PROFESSIONAL ETHICS:

The ethical norms, ideals, and guidelines that direct people's behavior and conduct within a
particular field are referred to as professional ethics. It is a set of moral guidelines and duties
that practitioners of their field are supposed to follow. In order to help professionals make
judgments that are best for their clients, coworkers, and the general public, professional ethics
provide a framework for guidance when faced with challenging ethical situations. It
guarantees that professionals behave responsibly, competently, and with integrity. It also
guarantees that they adhere to the ethical norms and demands of their field.
Professional ethics means a conduct written or unwritten which prescribes the duties of a
profession (legal Profession).6
Every field of work has its own unique rules of conduct and ethical norms, hence the
definition of professional ethics differs depending on the profession. Professional ethics, for
instance, can include defending the rule of law, preventing conflicts of interest, and
protecting client confidentiality in the legal field. Principles like informed consent, patient
confidentiality, and providing the best possible care are examples of professional ethics in the
medical field.
Professional ethics considers not only the conduct of professionals on an individual basis but
also the larger social implications of their decisions. It highlights the significance of
responsibility, openness, and the prudent application of professional knowledge.
Professionals can show that they are committed to ethical values and uphold the credibility
and integrity of their field by following professional ethics. By ensuring that professionals are
held to a high standard of ethical conduct, it helps foster trust and confidence among clients,
colleagues, and the general public.

6
Darwin’s Theory in Legal Profession, LEGAL- LAW, available at: https://www.lawtool.net/post/chapter-6-
darwin-s-theory-in-legal-profession

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IMPORTANCE OF PROFESSIONAL ETHICS:

1. Upholding Integrity and Trust

Ethics is the bedrock of the legal profession, and maintaining integrity is crucial for lawyers,
judges, and legal practitioners. Professional ethics in law establishes trust with clients,
colleagues, and the public. By consistently acting ethically, legal professionals build a
reputation for trustworthiness and reliability, which is essential for successful legal practice.

2. Ensuring Client Confidentiality and Privacy

Ethical conduct in law includes a duty to maintain client confidentiality and respect privacy.
Clients trust their lawyers with sensitive information, and it is the ethical responsibility of
legal professionals to handle this information with utmost discretion. By upholding client
confidentiality, lawyers foster trust and create a safe environment for clients to share their
concerns and seek legal advice.

3. Promoting Impartiality and Fairness

Professional ethics in law requires legal professionals to act impartially and ensure fairness in
their dealings. Lawyers and judges must set aside personal biases and make decisions based
on the law and evidence presented. This commitment to impartiality and fairness upholds the
principles of justice and ensures that all parties are treated equitably.

4. Maintaining Competence and Continuous Learning

Ethics in law includes a commitment to maintaining competence and engaging in continuous
learning. Legal professionals must stay updated on legal developments and advancements in
their respective fields. By constantly improving their knowledge and skills, lawyers ensure
that they provide the best possible representation and advice to their clients.

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 5. Serving the Public Interest and Access to Justice
Professional ethics in law entails a responsibility to serve the public interest and promote
access to justice. Legal professionals are encouraged to provide pro bono services, advocate
for legal reforms, and contribute to the betterment of society. By upholding ethical principles,
lawyers play a crucial role in ensuring that justice is accessible to all, regardless of their
socioeconomic status.

6. Adherence to Legal and Regulatory Standards

Ethical conduct in law ensures compliance with legal and regulatory standards. By acting
ethically, legal professionals avoid potential legal and ethical pitfalls. They maintain a strong
legal standing, protect their reputation, and uphold the integrity of the legal profession as a
whole.

7. Fostering a Positive Legal Culture

Professional ethics in law helps create a positive legal culture within organizations and the
legal community. By establishing and promoting ethical codes of conduct, organizations
foster a culture of integrity, trust, and ethical decision-making. This encourages collaboration,
professionalism, and a respectful work environment.

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CHALLENGES IN UPHOLDING PROFESSIONAL ETHICS:

1. Conflicts of Interest

One of the significant challenges in upholding professional ethics in the legal profession is
navigating conflicts of interest. Lawyers may find themselves in situations where their
personal interests or relationships could potentially compromise their duty to act in the best
interest of their clients. Balancing these conflicting interests while maintaining ethical
standards can be a complex task.

2. Pressure to Win

In the legal profession, there is often pressure to win cases and achieve favourable outcomes
for clients. This pressure can sometimes tempt lawyers to cut corners or engage in unethical
practices to secure victories. Upholding professional ethics requires maintaining integrity and
prioritizing the principles of fairness and justice over personal or professional gain.

3. Maintaining Client Confidentiality

Client confidentiality is a cornerstone of professional ethics in the legal profession. However,

maintaining confidentiality can be challenging, particularly in today's digital age where
information can be easily accessed or leaked. Lawyers must take extra precautions to protect
client information and ensure that it remains confidential, even in the face of evolving
technological challenges.

4. Ethical Dilemmas and Grey Areas

The legal profession often presents complex ethical dilemmas and grey areas where the right
course of action is not always clear-cut. Lawyers may encounter situations where the law is
ambiguous or conflicting, forcing them to make difficult ethical decisions. Navigating these

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grey areas requires a deep understanding of ethical principles and a commitment to acting in
the best interests of justice and the legal system.

5. Pressure from Clients and Financial Considerations

Lawyers may face pressure from clients to take ethically questionable actions or pursue
strategies that may not align with their professional values. Additionally, financial
considerations and the need to generate revenue can create ethical challenges, such as billing
disputes or conflicts of interest. Upholding professional ethics requires lawyers to prioritize
their ethical obligations over financial incentives or client demands.

6. Ethical Oversight and Enforcement

Ensuring consistent adherence to professional ethics in the legal profession can be
challenging due to the lack of comprehensive oversight and enforcement mechanisms. While
professional organizations and regulatory bodies set ethical standards, enforcing these
standards and holding lawyers accountable for unethical behaviour can be complex.
Strengthening ethical oversight and enforcement mechanisms is crucial to maintaining the
integrity of the legal profession.

In order to tackle these obstacles, solicitors need to have a solid grasp of professional ethics
and their ethical responsibilities as legal practitioners. Lawyers might acquire the abilities and
discernment required to handle challenging ethical circumstances by participating in ongoing
education and training on these topics. Creating a network of mentors and coworkers who
value moral behaviour can also help to support and guide maintaining professional ethics.
Furthermore, the promotion and enforcement of professional ethics are greatly aided by legal
organisations and bar associations. To ensure that the legal profession upholds its integrity
and advances the interests of justice, they offer tools, policies, and disciplinary procedures to
handle ethical issues and conundrums.

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DUTIES OF THE ADVOCATES:

The Advocates Act of 1961 governs advocates in India, and it established the Bar Council of
India, a statutory body responsible for regulating and representing the Indian bar. The Bar
Council of India is mandated to set standards of professional conduct and etiquette and to
exercise disciplinary authority over advocates. Section 49(1)(c) of the Advocates Act, 1961
grants the Bar Council of India the authority to establish rules pertaining to professional
conduct and etiquette for advocates. These rules are detailed in Chapter II of Part VI of the Bar
Council of India Rules, 1975.

Advocates, as legal professionals, have a set of important duties that they are expected to
fulfil. These duties are essential for maintaining the integrity of the legal profession and
ensuring the proper administration of justice. Here are some key duties of advocates:

1. Zealous Representation

Advocates have a duty to provide zealous representation to their clients. This means
advocating for their clients' interests within the bounds of the law, presenting their case
effectively, and ensuring that their clients' rights are protected. Advocates must diligently
investigate, prepare, and present arguments and evidence to support their clients' positions.

2. Confidentiality and Attorney-Client Privilege

Advocates have a duty to maintain client confidentiality and uphold the attorney-client
privilege. This means that advocates must keep all client information confidential, unless
disclosure is required by law or authorized by the client. Upholding client confidentiality is
crucial for building trust and ensuring open communication between advocates and their
clients.

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 3. Honesty and Integrity

Advocates have a duty to act with honesty and integrity in their professional conduct. They
must provide accurate and truthful information to the court, opposing parties, and all involved
parties. Advocates should not engage in any form of dishonesty, misrepresentation, or deceit.
Upholding honesty and integrity is essential for maintaining the credibility of the legal
profession.

4. Duty to the Court

Advocates have a duty to the court and the administration of justice. They must respect and
uphold the rules and procedures of the court. Advocates should not engage in any conduct
that obstructs or undermines the proper functioning of the court. They should present their
arguments and evidence in a respectful and professional manner, fostering a spirit of
cooperation and fairness.

5. Competence and Diligence

Advocates have a duty to maintain competence and diligence in their legal practice. This
means staying updated on legal developments, engaging in continuous learning, and
providing competent representation to their clients. Advocates should diligently prepare their
cases, conduct thorough research, and present arguments based on sound legal principles and
evidence.

6. Professional Conduct and Courtesy

Advocates have a duty to maintain professional conduct and courtesy in their interactions
with clients, colleagues, opposing parties, and the court. They should treat all individuals
involved in the legal process with respect, courtesy, and professionalism. Advocates should
strive to resolve disputes amicably when possible and promote a positive and constructive
legal environment.

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PROFESSIONAL MISCONDUCT:

The term “professional misconduct” is not explicitly defined within the Advocates Act, leaving
room for interpretation and varying definitions. Due to the complex and multifaceted nature of
legal practice, it is challenging to establish a universally applicable standard definition for
professional misconduct. In the legal sense, an act intentionally committed by the people
involved in the profession with the wrong intention.7 This misconduct may involve actions or
behaviours that violate ethical standards, breach professional obligations, or harm clients,
colleagues, or the public.

In Black’s Dictionary, misconduct has been described as a transgression of some known and
definite rule of action, a prohibited act, a dereliction of duty, unlawful behaviour, inappropriate
or incorrect behaviour. Misdemeanours, impropriety, mismanagement, offence, but not
negligence or carelessness, are synonyms.

In the case of Noratanmal Chaurasia v. M.R.8, the Supreme Court ruled that while the
Advocates Act of 1966 does not explicitly define "misconduct," it is understood to encompass
a violation of discipline. The concept of misconduct is broad and cannot be exhaustively
defined, but it generally involves wrongful actions or omissions, whether intentional or
unintentional. This interpretation acknowledges that misconduct can take various forms and
may include both deliberate wrongdoing and unintentional breaches of professional standards.
Therefore, the definition of misconduct encompasses a wide range of behaviours that deviate
from the expected norms of professional conduct and discipline.

In the case of State of Punjab v. Ram Singh Ex. Constable9, the Supreme Court provided
insights into the definition of misconduct, particularly in the context of public officers. The
court articulated that misconduct in office could be construed as unlawful behaviour or neglect
exhibited by a public officer, leading to the infringement of another party's rights. Additionally,
the court enumerated various facets of professional misconduct, which may encompass:

7
Smega Sony, Professional Misconduct by Advocates in India: A Critical Study, 1 DE JURE NEXUS LAW
JOURNAL (2020).
8
AIR 2004 SUPREME COURT 2440.
9
1992 AIR 2188, 1992 SCR (3) 634.

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  Moral Turpitude.
 Improper or wrongful behaviour.
 unlawful behaviour.
 wilful in character.
 a forbidden act.
 Transgression.
 carelessness or negligence in the performance of duty.
 or the act complained of bears forbidden quality or character.

As mentioned by Justice K. Ramaswamy in the aforementioned case, it can be inferred that any
improper or wrongful behaviour that is unlawful and performed intentionally by a professional
individual constitutes professional misconduct. Moreover, engaging in any forbidden act or
transgressing established rules of action or codes of conduct may also amount to professional
misconduct. This interpretation underscores the gravity of deliberate and unlawful actions by
professionals, as well as the importance of adhering to established ethical standards and
guidelines in professional practice.

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INSTANCES OF MISCONDUCT BY AVOCATES:

While the Bar Council or the Act does not furnish an exact definition for professional
misconduct, severe penalties have been delineated for both the commission and omission of
such acts by any individual registered as an advocate. The subsequent points can elucidate
instances of Misconduct by an Advocate -

1. Non-performance of Duty.

This circumstance, commonly referred to as Dereliction of Duty, occurs when an advocate

either delegates the case brief to another advocate or abandons the client, neglecting their
obligation. Such a transfer is considered unprofessional. Nonetheless, it does not constitute
misconduct if the advocate obtains the client’s consent before taking such action.

In the case V.C Ranga Durai vs D. Gopalan10, the Apex Court clarified that it is incumbent
upon the lawyer entrusted with a case and its brief to adhere to the principles of professional
ethics and thereby safeguard the client's interests. Failure to fulfil this obligation would
constitute professional misconduct.

2. Negligence on behalf of the Professional.

An advocate is expected to apply the requisite skills and knowledge when handling a case and
to avoid being careless or negligent. However, professional misconduct would arise if
negligence were coupled with the fabrication of facts or the concealment of truth by the
advocate.

In the case N. Dastane vs S. S. Shivde11 , the Supreme Court clarified that repeatedly seeking
adjournments by an advocate with the intention of delaying or obstructing the examination of
witnesses involved in the case constitutes professional misconduct. The Court emphasized that
such conduct warrants disciplinary action against the advocate.

10
AIR 1979 SC 281.
11
AIR 2001 SC 2028.

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 3. Misappropriation.

Misappropriation occurs when an advocate receives money from a client for purposes related
to a case, but instead misuses the funds for other purposes unrelated to the case. It is considered
a form of misconduct.

In the case D. Dalal vs SBI12, an advocate was accused of misappropriating funds received
from a client, which were intended for filing a lawsuit and payment of professional fees. The
advocate, in defence, alleged that the High Court registry had lost the suit papers. However,
upon investigation, it was discovered that the registry had returned the suit papers to the
advocate for addressing objections, and the advocate had failed to refile the suit for an extended
period. Consequently, a disciplinary committee was convened to address the advocate’s
actions. After deliberation, the committee found the advocate guilty of embezzling funds
entrusted by the client and thus imposed disciplinary measures for misconduct.

4. Contempt of Court and Inappropriate behaviour before the Magistrate.

Contempt of Court can be defined as an offense where an advocate displays disrespect or

disobedience towards the court of law or any of its officers through behaviour that undermines
or opposes the justice, authority, and dignity of the court. It is the duty of an advocate to uphold
and preserve the dignity of the court. Making false allegations against any officer of the
judiciary also constitutes misconduct. Contempt of Court can manifest in two forms: improper
behaviour towards judicial members in the courtroom or wilful disobedience of court orders.

In 2010, M.V. Jayarajan, a leader of the Communist Party of India, was sentenced to six months’
imprisonment for contempt of court following his comments criticizing the Kerala High
Court’s decision to prohibit gatherings of people in public places. However, upon appeal to the
Apex Court, his sentence was reduced to four months. 13

12
AIR 1993 SC 1608.
13
Professional Misconduct, available at https://easyadvocacy.com/EADigest/Professional-Misconduct-and-Its-
Implications-Under-Advocates-Act-1961 (Visited on 7th October 2020).

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 5. Furnishing False Information.

Intentionally providing false information by an advocate to a public servant constitutes

misconduct. This false information may pertain to either a previously committed offense or the
potential commission of an offense, with the intention of preventing its occurrence. If the
advocate is aware or has reason to believe that the information being provided is false, they
shall be liable for professional misconduct.

In Emperor vs K.C.B A Pleader14, municipal authorities seized certain boxes of ‘ghee’ based
on information alleging adulteration. The authorities directed that the boxes be placed under
the custody or supervision of Mr. Bazrang Marwari. However, the advocate falsely informed
Mr. Bazrang Marwari that the municipal authorities had ordered the boxes to be returned to
their rightful owner. Subsequently, it was discovered that this information provided by the
advocate was false. As a result, the advocate was found guilty of misconduct, and appropriate
action was taken against him.

6. Changing sides.

An advocate is prohibited from changing sides or representing conflicting parties during the
course of a case. All advocates have a duty to diligently represent their clients’ interests and are
forbidden from representing conflicting interests. Put simply, an advocate cannot represent both
parties involved in a case. Engaging in such behaviour, whether switching sides or attempting
to safeguard the interests of both parties, constitutes gross misconduct on the part of the
advocate responsible.

In State vs Lalit Mohan Nanda15 case stemmed from an inquiry initiated against Mr. Nanda
due to his representation of conflicting parties in the same case. The dispute arose between
stepbrothers and pertained to a family disagreement regarding the ownership of a specific piece
of land. Initially, Mr. Nanda appeared for one of the brothers, acquiring confidential
instructions and gaining insight into his side of the case. Subsequently, he was engaged by the

14
AIR 1935 Cal. 547.
15
1961 CRILJ 124.

20
other brother for the same case and successfully obtained a favourable decree on his behalf. As
Mr. Nanda represented both parties to the case, action was taken against him for professional
misconduct.

7. Giving inappropriate advice.

Advocacy is regarded as a righteous, noble, and honourable profession, and therefore, it is

incumbent upon an advocate to provide their clients with the utmost dedication, knowledge,
judgment, and talent. An advocate is duty-bound to offer sound advice to clients seeking
counsel. If an advocate is unable to take on a client’s case, it is imperative that they advise the
client to seek representation from another counsel rather than providing improper advice that
could potentially harm the client. Providing improper or inappropriate advice constitutes
misconduct on the part of the advocate. While these are certain acts that clearly amount to
professional misconduct, there exist various other behaviours and actions that may lead to an
advocate being charged with misconduct.

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CONSEQUENCES AND DISCIPLINARY MEASURES FOR
PROFESSIONAL MISCONDUCT.

When it comes to professional misconduct in the legal profession, there are consequences and
disciplinary measures in place to ensure accountability and uphold the integrity of the legal
profession. The Advocates Act, 1961 sets out the framework for dealing with professional
misconduct by lawyers in India. Here, I will explain the consequences and disciplinary
measures that can be imposed for such misconduct.

1. Disciplinary Committee Proceedings:

When a complaint of professional misconduct is filed against a lawyer, it is first examined by

the Disciplinary Committee of the respective State Bar Council. The committee investigates
the complaint and takes appropriate action based on the findings. The proceedings are
conducted in a fair and impartial manner, allowing the lawyer an opportunity to present their
defence.

2. Warning or Reprimand:

In cases of minor professional misconduct or a first offense, the Disciplinary Committee may
issue a warning or reprimand to the lawyer. This serves as a formal acknowledgment of the
misconduct and a reminder of the expected ethical standards. It aims to prevent further
misconduct by bringing the matter to the lawyer's attention.

3. Fine:

The Disciplinary Committee has the power to impose fines on lawyers found guilty of
professional misconduct. The amount of the fine depends on the severity of the misconduct and
may vary from case to case. The fine serves as a financial penalty for the misconduct and can
act as a deterrent against future violations.

4. Suspension:

In more serious cases of professional misconduct, the Disciplinary Committee may suspend
the lawyer from practicing law for a specific period. During the suspension period, the lawyer

22
is barred from representing clients and engaging in legal practice. This serves as a significant
consequence for the misconduct and emphasizes the importance of upholding professional
ethics.

5. Removal from the Roll:

In cases of grave professional misconduct or repeated offenses, the Disciplinary Committee

may recommend the removal of the lawyer's name from the roll of advocates. This is a severe
disciplinary measure that permanently bars the lawyer from practicing law. Removal from the
roll is reserved for the most egregious cases of professional misconduct and serves as a strong
deterrent against unethical behaviour.

It is important to note that the Advocates Act also provides an opportunity for appeal against
the decisions of the Disciplinary Committee. If a lawyer is dissatisfied with the decision, they
may appeal to the Bar Council of India within 30 days. Further, if the aggrieved party is still
unsatisfied with the decision of the Bar Council of India, they may appeal to the Supreme Court
of India. These consequences and disciplinary measures exist to uphold the standards of
professional ethics and maintain the integrity of the legal profession. By imposing appropriate
penalties for professional misconduct, the legal system ensures accountability and protects the
interests of clients and the wider public.

It is essential for lawyers to adhere to professional ethics, as violations not only have legal and
disciplinary consequences but can also damage their reputation, credibility, and standing within
the legal community. Upholding professional ethics is crucial for maintaining public trust in
the legal profession and ensuring the fair and just administration of justice.

23
CONTEMPT OF COURT

If we desire respect for the law, we must first make the law respectable.
- Louis D. Brandeis16

Contempt of court is a matter concerning the fair administration of justice and aims to punish
any act hurting the dignity and authority of judicial tribunals. 17 Lord Diplock defines it in a
following way:

Although criminal contempt of court may take a variety of forms, they all share a common
characteristic: they involve an interference with the due administration of justice, either in a
particular case or more generally as a continuing process. It is justice itself that is flouted by
contempt of court, not the individual court or judge who is attempting to administer it.18

The term contempt of court is a generic term descriptive of conduct in relation to particular
proceedings in a court of law which tends to undermine that system or inhibit citizens from
availing themselves of it for the settlement of their disputes.19

As per Corpus Juris Secondum, Contempt of court is disobedience to court by acting in

opposition to the authority, justice, and dignity thereof. It signifies a wilful disregard or
disobedience of courts order. It also signifies such conduct as tends to bring the authority of
the court and the administration of law into disrespect.

Contempt of court in general means, “To offend the dignity of the court and lower the prestige
of the court”. Section 2(a) provides classification of the term contempt of court. According to
Section 2(a) of the Contempt of Court Act, 1971, contempt of court means civil contempt or
criminal contempt.

16
Louis Dembitz Brandeis was an American lawyer and associate justice on the Supreme Court of the United
States from 1916 to 1939.
17
Mriganka Shekhar Dutta & Amba Uttara Kak, Contempt of Court: Finding the Limit, NUJS Law Review 56,
(2009).
18
AG v. Leveller Magazine Ltd. [1979] AC 440, p. 449s.
19
Lord Diplock in Attorney General v. Times News Paper Ltd. (1973) 3 All. E.R. 54, 71.

24
TYPES OF CONTEMPT OF COURT:

The Contempt of Courts Act of 1971 divides the expression ‘contempt of court’ into two
categories of contempt, viz.,

(i) Civil contempt and

(ii) Criminal contempt.

The two categories can be outlined as:

I. Civil Contempt:

Civil Contempt means wilful disobedience to any judgment, decree, direction, order, writ or
other process of a court, or wilful breach of an undertaking given to a court. Under Section 2(b)
of The Contempt of Court Act, 1971 ‘civil contempt’, is defined to mean wilful disobedience
to any judgment, decree, order, direction or any other process of court or wilful breach of an
undertaking given to the court.

Essentially, civil contempt can be considered any harm done to the individual who is supposed
to benefit from a court order. It constitutes a wrongdoing for which the law compensates the
injured party, although it is formally labelled as contempt of court; in reality, it is a private
matter. Civil contempt serves as a means to ensure compliance with a court order.

II. Criminal contempt.

Committing acts such as handcuffing, arresting, or assaulting a judicial officer by police

officers constitutes criminal contempt, a very serious offense. If unethical police officers were
to deceive and allow the assault, handcuffing, and mistreatment of a judicial officer, it would
undermine people's trust in the courts, posing a severe threat to the fundamental structure of
any democratic society. Allowing such actions would mean replacing the rule of law with police
dominance. Therefore, any such incident shouldn't be viewed merely as a physical assault on
an individual judicial officer, but rather as an attack on the entire judiciary institution itself.

25
Section 2(c) of the Act, defines “Criminal Contempt” as the publication (whether by words
spoken or written or by signs or by visible representations or otherwise) of any matter or the
doing of any act whatsoever which –

(i) Scandalizes or tends to scandalize or lower or tends to lower, the authority of any court, or
(ii) Prejudices or interferes or tends to interfere with, the due course of any judicial proceeding;
or
(iii) Interferes or tends to interfere with or obstructs or tends to obstruct, the administration of
justice in any other manner.

The above definition contained in the Contempt of Court Act, 1971, is not exhaustive. It merely
indicates that the contempt may be civil contempt or criminal contempt.

The difference between the two types of above cases is that of procedure which was clearly
held by the Allahabad High Court in Vijay Pratap Singh v. Ajit Prasad20,it was held that a
distinction between a civil contempt and criminal contempt seems to be that , in a civil
contempt the purpose is to force the contemnor to do something for the benefits of the other
party, while in criminal contempt the proceeding is by way of punishment for a wrong not so
much to a party or individual but to the public at large by interfering with the normal process
of law degrading the majesty of the court. However, if a civil contempt is enforced by fine or
imprisonment of the contemnor for non-performance of his obligation imposed by a court, it
turns out into a criminal contempt and becomes a criminal matter at the end. Such contempt,
being neither purely civil nor purely criminal in nature, is sometimes called sui generis. It is
submitted that the differentiating line between civil and criminal contempt is sometimes very
thin and might often considered being same. Where the contempt consists in mere failure to
comply with or carry on an order of a court made for the benefit of a private party, it is plainly
civil contempt. If, however, the contemnor adds defiance of the court to disobedience of the
order and conducts himself in a manner which amounts to abstraction or interference with the
courts of justice, the contempt committed by him is of a mixed character, partaking of between
him and his opponent the nature of a civil contempt.21

20
AIR 1966 All. 305.
21
Harshita Tomar & Nayan Jain, Contempt of Court: A Challenge to Rule of Law – A Critical Analysis, 2 JCIL.

26
PUNISHMENT FOR CONTEMPT:

Section 12 of the Act deals with the provision for punishment in cases where contempt was
proved. Punishment in the shape of imprisonment or fine could be decreased in cases an
apology is tender for the act of contempt.22 Earlier, apology, if conditional was not accepted.
But the law now has been amended by this provision and which states that an apology would
not be rejected merely because it is conditional.

Generally, the punishment prescribed under the Act is simple imprisonment for a term which
could extend to six months or with fine which could extend to two thousand rupees or with
both. There is a proviso appended to Section 12 which provided that the accused could be
discharged, or the punishment awarded could be decreased on apology being made to the
satisfaction of the court.23 The apology could not be rejected merely on the ground that it is
qualified or conditional if the accused made it bona fide. 24

ESSENCE OF POWER OF CONTEMPT

The citizens of India place significant trust in the judiciary, which is primarily responsible for
dispensing justice. The primary reason for granting courts contempt jurisdiction is to maintain
the authority and respectability of the courts in the eyes of the public. If this confidence and
trust were to be undermined, it would have grave consequences for the judicial system of our
nation. The contempt law offers the essential means for the courts to prevent unjustified attacks
or actions that seek to weaken the rule of law.

The Contempt of Courts Act, 1971 has been enacted in order to remove doubts which have
arisen as to the powers of a High Court. The law of contempt is the custodian of the seat of
justice more than a person of the judge sitting in that seat. J. Hadi Hussain’s views in Nasir
Uddin Haider, 25 gave this thought a strong base and stated that the object and purpose of
contempt jurisdiction is to uphold the dignity of law courts and maintain their majesty in the
minds of public. If through rebellious speech or writing, the ordinary citizen is influenced to

22
Section 12 of the Contempt of Court Act 1971.
23
Section 12(1) of the Contempt of Courts Act, 1971.
24
Explanation, ibid.
25
AIR 1926 All. 623 at 625.

27
lose respect for a judge carrying out their judicial responsibilities, it undermines the trust placed
in the administration of justice, and the individual responsible must face consequences.

The title of the Act often misleads individuals into believing that its purpose is to shield the
court, as well as the community of lawyers and judges, thus placing them above the law. Given
that the judiciary serves as both prosecutor and adjudicator, this perception can obscure the
legislation's true intent as a shield protecting the courts from external criticism. However, if
this were indeed the case, it would constitute an abuse of judicial power and a betrayal of the
very notion of justice it aims to uphold. The penalties imposed under the contempt law are not
meant to shield either the court as a whole or individual judges from future criticism, but rather
to safeguard the interests of the public. Therefore, contrary to common belief, this act does not
grant excessive power to the judiciary. Furthermore, it’s essential to recognize that the courts’
authority under this act is limited to extraordinary circumstances, serving as a check on judicial
power.

There can be no doubt that the purpose of contempt jurisdiction is to uphold the majesty and
dignity of law courts and their image in the minds of the public and that this in no way is
whittled down.26 The purpose of the law of contempt is not solely to shield the court as a whole
from future attacks, but rather to safeguard the interests of the public, particularly those who
are either voluntarily or involuntarily subject to the court's jurisdiction, from potential harm
that may arise if the authority of the tribunal is undermined or compromised. This was rightly
held in Baradankanta Mishra v. Registrar Orissa High Court27. The law of contempt of
court is not designed to shield judges or grant them immunity from criticism. Instead, it exists
to safeguard the freedom of individuals. Everyone has the right to benefit from a system of
justice that is free and independent.

The Supreme Court in Mohammed Yamin v. Om Prakash Bansal,28 has once held that the
hall of justice is not a secluded virtue. In fact, for justice, to shine with its pristine luster, it must
be bold, free and subject to public scrutiny. So, if someone criticizes certain open aspects of a
judgment, e.g., in the realm of interpretation of law, severity of sentence, etc., it cannot be
contempt. But if there is an attack on the integrity of judges by imputing motive dishonesty or

26
V.G. Ramachandran, Contempt of Court, 6(1983).
27
AIR 1974 S.C. 710,732.
28
1982, Cr. L.J. 322 (Raj.).

28
incompetence, arbitrariness or want of independence to a judge, it would be exceeding the
rights of an individual.

Judicial decisions since the Contempt of Court Act, 1971, show the radical attitude of the
judiciary. Only reckless and mala fide allegations, 29 use of unbridled languages30 and
contemptible allegations of corruption31 were considered abhorrent. Even in such instances, the
court deemed the statements contemptuous not solely due to their potential to scandalize or
diminish the court’s authority, but rather because the statements themselves were inherently
derogatory, scandalous, and contemptuous. The court consistently prioritizes decisions that
uphold the judiciary as the central pillar of society. Instances where this objective has faltered
are discussed in the following section.

Therefore, the introduction of contempt power in Indian democratic society clearly establishes
the cornerstone of the judiciary's authority to scrutinize the validity of its jurisdiction.

CRITICISM OF CONTEMPT OF COURT:

The Contempt of Court clause has faced significant criticism from former judges and lawyers
due to its perceived negative impact on freedom of speech. Critics argue that the clause is
overly broad and vague in its definition, leading to potential misuse to shield the judiciary from
criticism. In 2011, retired Supreme Court judge and former Press Council of India Chairman,
Markandeya Katju, called for amendments to the Contempt of Courts Act 1971 to allow the
media to report more effectively on law and judiciary-related matters. In March 2018, the
Government of India tasked the Law Commission of India with re-examining Section 2 of the
Contempt of Courts Act 1971, which defines the offense of contempt. The Commission was
specifically asked to consider a proposal suggesting that contempt of court should be limited
to cases of civil contempt.

There have been calls to restrict contempt to only cases of "wilful disobedience" of court
directions or judgments, removing the provision regarding "scandalizing the court," amid
concerns that it could lead to judicial overreach. Freedom of speech is considered one of the
most fundamental rights, and any restrictions on it should be minimal. The law of contempt of
court should only impose restrictions necessary to uphold the legitimacy of judicial institutions.

29
State of U.P. v. Das Vidhi 1973 Cri.L.J. (Allahabad High Court) 1271.
30
S.C. Tyagi v. N.C. Gupta 1974 Cri. L.J. (Allahabad High Court) 428.
31
State of U.P. v. Narendra Pal Singh 1990 Cri.L.J. (Allahabad High Court) 1637.

29
Therefore, there is a need to establish rules and guidelines defining the process that superior
courts must follow when taking criminal contempt action, ensuring adherence to principles of
natural justice and fairness.

30
CASES ON PROFESSIONAL ETHICS:

1. Balbir S Tomar v. Union of India & Anr. [SLP(C) No. 026890/2016].

In the case involving Balbir S Tomar, a medical practitioner and member of the Medical
Council of India (MCI), allegations of professional misconduct were leveled against him.
These allegations included manipulating assessment reports and producing false documents
during an inspection of a private medical college where he held the position of Chairman.
Consequently, the Central Bureau of Investigation (CBI) registered an FIR against Tomar
under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act.
Additionally, a separate FIR was filed against him for alleged acts of sexual harassment.

The case raised several significant issues. Firstly, there was a question regarding the
jurisdiction of the show cause notice served to Tomar. Secondly, it needed to be established
whether the seriousness of the allegations justified the issuance of the notice. Lastly, the
validity of preventing Tomar from attending MCI meetings during the investigation was also
in question.

Tomar presented arguments challenging the jurisdiction of the show cause notice, contending
that it was issued without proper authority and lacked a legal basis. Furthermore, he argued
that the allegations against him were not substantial enough to warrant such a notice. Tomar
also objected to the government's decision to prohibit his attendance at MCI meetings,
asserting that it interfered with his role and decision-making within the organization.

In its judgment, the court dismissed Tomar's writ petition contesting the jurisdiction of the
show cause notice. The court deemed the seriousness and gravity of the allegations
significant enough to justify the notice's issuance. It emphasized the need for a
comprehensive investigation into the allegations of professional misconduct and sexual
harassment. Additionally, the court upheld the government's decision to prevent Tomar from
participating in MCI meetings during the investigation. The court reasoned that allowing
Tomar's involvement could potentially impede the decision-making process regarding the
allegations against him.

31
 2. K.V. Umre v. Smt. Venubai D. Gage and Anr. [AIR 1983 SC 1154].

The appeal filed under Section 38 of the Advocates Act, 1961, challenges the order of the
Disciplinary Committee of the Bar Council of India, which rejected the appellant's
application for a review. The appellant was found guilty of grave professional misconduct,
and the Disciplinary Committee took a serious stance on the matter but granted the appellant
another opportunity.
The Disciplinary Committee directed the appellant, who had misappropriated a sum of Rs.
11,760.70 payable to the respondent, to make payment in two installments: Rs. 6,000/- by
May 25, 1977, and another Rs. 4,000/- within three months. It further stated that if the
appellant paid the amount of Rs. 10,000/- as directed, he would be suspended from practicing
for one year starting from August 10, 1977.
However, if the appellant failed to deposit Rs. 6,000/- by the specified due date, his name
would be permanently removed from the list of advocates. Although the appellant made the
payment of Rs. 10,000/- in two installments, he defaulted on making the deposits as per the
stipulated due dates, resulting in his permanent disbarment.
The appellant sought a review from the Disciplinary Committee, requesting that the delay in
payment be condoned and the period of suspension be limited to one year. However, the
Disciplinary Committee rejected the application, stating that if the appellant had not
voluntarily made the payments on the due dates, the punishment would have been more
severe. The Committee noted that the appellant had unjustly deprived the respondent, a
helpless widow, of her rightfully owed money without any valid excuse. Consequently, the
Committee found no grounds to show leniency, as it would go against the spirit of the
Disciplinary Rules of the Bar Council of India.

32
 3. Allahabad Bank Vs. Girish Prasad Verma [BCI Tr. Case No.
49/1993].

A complaint was lodged by Allahabad Bank against its advocate, Girish Verma, alleging that
he was entrusted with 52 suits for filing and was duly paid the required court fees for the
same. However, Advocate Girish Verma only filed 50 out of the 52 suits and misappropriated
the court fees intended for the remaining 2 suits.
Upon review, the disciplinary committee of the Uttar Pradesh Bar Council determined that
the advocate had indeed misappropriated the court fees entrusted to him by the complainant.
As a result, the committee ordered the removal of the advocate's name from the roll of the
Uttar Pradesh Bar Council. Additionally, the committee emphasized that the legal profession
is one of high regard, and its members must serve as exemplars of conduct worthy of
admiration.

4. Noratanmal Chaurasia v. M.R. Murli [Appeal (civil) 5476 of 1999].

The Supreme Court examined the scope and meaning of "professional misconduct" as
defined in Section 35 of the Advocates Act. The case involved an advocate who, while acting
as a litigant and not in the capacity of an advocate, physically assaulted and threatened the
complainant to withdraw the case. The central issue was whether the advocate's actions could
be considered misconduct, warranting disciplinary action by the Bar Council, despite not
acting in the role of an advocate.
Counsel for the appellant argued that Section 35 of the Advocates Act allows for disciplinary
action against advocates for any form of misconduct, not limited to professional misconduct.
They relied on a previous Supreme Court decision in D An Advocate of the Supreme Court
(1955), emphasizing that the advocate's assault and threats were unacceptable and fell outside
the expected conduct of a legal professional, therefore constituting misconduct. Additional
support was drawn from the cases of Hikmat Ali Khan v. Ishwar Prasad Arya (1997) and
N.G. Dastane v. Shrikant S. Shivde (2001), along with the preamble of the Bar Council of
India Rules.

33
On the other hand, counsel for the respondents argued that the appellant had been harassing
the respondent by filing false cases. They contended that the complaint in question was the
eighth one, and no relief had been granted in the previous seven complaints. They questioned
the veracity of the alleged incident, suggesting that if such an act had occurred in a
courtroom, it would have been brought to the presiding officer's attention. Since no private
complaint or criminal proceeding had been initiated, and no evidence had been presented to
the Bar Council, the respondents argued that the impugned orders should not be interfered
with.
In its judgment, the Supreme Court discussed the concept of misconduct under the Advocates
Act, 1961. It upheld that lawyers are expected to adhere to the standards of behavior that
instill confidence in the community, considering them as officers of the court. Even though
the advocate was not acting in their capacity as an advocate, their behavior was deemed unfit
for someone in the legal profession, justifying the disciplinary proceedings initiated by the
Bar Council.
The Supreme Court, in reaching its decision, reviewed the jurisprudence surrounding
advocate misconduct. It reiterated that "misconduct" is a term that defies precise definition
but generally encompasses breaches of discipline, improper behavior, intentional
wrongdoing, or deliberate violations of rules or standards of conduct. It may also involve
wrongful intent that goes beyond mere errors in judgment. Therefore, the meaning of
"misconduct" depends on the context, the nature of the misconduct, and its impact on
discipline and the lawyer's duty.

5. In Re: Tulsidas Amanmal Karim v. High Court of Bombay [AIR 1941

Bom 228].

In this case before the High Court of Bombay, concerning the disciplinary jurisdiction
regarding attorney Tulsidas Amanmal Karani, several key points and allegations have been
raised. Here's a breakdown of the situation:
Background: The case originates from a suit filed in January 1931 in the Court of Small
Causes at Bombay against Choithram Bharmal for rent recovery. Karani, an attorney
practicing in the Court, was a witness in these proceedings and faced unfavorable remarks
from Judge S.E. Kurwa.

34
Allegations against Judge Kurwa: Karani contends that the remarks made by Judge Kurwa
were false, unjustified, malicious, and aimed to ruin his legal career. He accuses Judge Kurwa
of biased behaviour, alleging that the judgment's language and style differ from Kurwa’s
customary approach. Karani further asserts that Judge Kurwa abused his powers and did not
act honestly, judicially, or in good faith.
Karani's Response: Karani served notices intending to file a suit against Judge Kurwa,
challenging the remarks made against him in the judgment.
Petition against Karani: The Registrar of the Small Causes Court presents a petition
alleging that Karani’s notices were unbecoming, scandalous, and libellous attacks on a
judicial officer.
Inquiry by Chamber Judge: Mr. Justice B.J. Wadia found Karani guilty of all charges,
including accusing Judge Kurwa of prejudice, bias, and malice, as well as alleging abuse of
power.
Advocate General's Petition: The Advocate General petitions for Karani’s removal from the
roll of attorneys or suspension from practice, citing his conduct as unfitting for continued
practice.
Legal Standards for Misconduct: The court refers to established legal standards where any
conduct rendering a person unfit for the exercise of their profession or likely to tamper or
embarrass the administration of justice may be considered misconduct. The conduct must
make the advocate unworthy to remain in the profession or unfit to be entrusted with the
responsibilities of an advocate.
Decision: The court needs to determine whether Karani’s actions constitute reasonable cause
for disciplinary action under the jurisdiction of the High Court, based on the established legal
standards.
In summary, the case revolves around allegations of misconduct by both Karani and Judge
Kurwa, with the court tasked with deciding the appropriate disciplinary action.

6. Jagadish Singh & other v. T.C. Sharma [BCI TR Case No.47/1990].

Jagadish Singh and his colleagues, who were employed by the Central Board of Education in
New Delhi, were unjustly terminated from their positions by the Board. Seeking legal
recourse, they engaged the services of T.C. Sharma, an advocate, to file a case against their
arbitrary dismissal.

35
They paid Sharma a fee of Rs. 1400 for this purpose. However, Sharma provided them with a
fabricated case number, claiming to have initiated proceedings before the Central
Administrative Tribunal in New Delhi. Upon verification, it was discovered that no such case
had been filed.

Subsequently, the employees sought the assistance of another advocate, Mr. Bhati, who
successfully obtained a favourable order for their reinstatement. Dissatisfied with Sharma's
conduct, they demanded the return of the Rs. 1400 fee, which Sharma refused to refund. As a
result, they lodged a complaint against Sharma with the Delhi Bar Council, alleging
professional misconduct.

However, Sharma failed to appear for the inquiry conducted by the State Bar Council within
the stipulated one-year period. Consequently, the case was transferred to the Bar Council of
India for further examination. Despite being summoned, Sharma remained absent during the
proceedings. Ultimately, the Bar Council of India found Sharma guilty of professional
misconduct and imposed the following penalties:

1. Suspension from practicing law for a period of five years.

2. Directing Sharma to return the Rs. 1400 fee along with 12% interest per annum.
3. Ordering Sharma to pay Rs. 500 as costs to the complainants.

7. Banumurthy v. Bar Council of Andhra Pradesh [DC Appeal

No.3/1994].

The individual in question, referred to as the appellant, held a position within the Andhra
Pradesh Judicial service. While serving as a Metropolitan Magistrate in Hyderabad,
allegations of corruption were leveled against him. Subsequently, a departmental inquiry was
conducted, resulting in an order for his compulsory retirement, which took effect on 30-7-
1991. Following his retirement, the appellant applied to resume his legal practice.

The State Bar Council, upon learning of the findings from the departmental inquiry, referred
the matter to the Bar Council of India due to the appellant's guilty verdict. Upon review, the
Bar Council of India returned the case to the Disciplinary Committee of the State Bar

36
Council, which found the appellant guilty of professional misconduct and suspended his
practice for a duration of 2 years. The appellant has lodged an appeal against this decision.

During the pendency of the appeal, the appellant was granted permission to resume his legal
practice starting from 6-4-1994, by order of a court. Despite this, the Bar Council of India
continued its inquiry and ultimately determined that since the two-year period of suspension
for corruption charges had already elapsed, the appellant was entitled to resume his legal
practice.

37
CASES ON CONTEMPT OF COURT:

1. In Re: Vinay Chandra Mishra [(1995)2 SCC 534].

In the case of Vinay Chandra Mishra, this Court found the Contemner, an advocate, guilty of
committing criminal contempt of Court. This was due to the Contemner's actions of
interfering with and obstructing the administration of justice by attempting to intimidate and
coerce the court using insulting, disrespectful, and threatening language. Instead of
safeguarding the Judiciary's reputation as the upholder of the law, the Court, whether
intentionally or unintentionally, seemed to aim at restoring the judge's pride by suspending
advocate Mishra. This decision may have been influenced by Mishra's influential position
within the Bar, leading to concerns that he might not receive appropriate punishment. It's
noteworthy that contempt proceedings and investigations into professional misconduct can be
conducted simultaneously.
In the case of the Supreme Court Bar Association vs. Union of India & Anr. 32, the Court
overruled the Mishra case and recognized the Bar Council’s power to try and punish all those
guilty of professional misconduct. It is well settled that contempt proceedings are brought
about to protect the majesty of law and uphold the judiciary’s position, the central pillar in
Indian democracy, among the public and give them reason to keep their faith in the
administration of justice. Contempt proceedings are not brought about to restore the pride of
the Judge in who’s Court or against whose order there was contempt. It further stated that:

“The power of the Supreme Court to punish for contempt of court, though quite wide, is yet
limited and cannot be expanded to include the power to determine whether an advocate is
also guilty of "Professional misconduct" in a summary manner which can only be done under
the procedure prescribed in the Advocates Act. The power to do complete justice under
Article 142 is in a way, corrective power, which gives preference to equity over law, but it
cannot be used to deprive a professional lawyer of the due process contained in the
Advocates Act 1961 by suspending his license to practice in a summary manner, while
dealing with a case of contempt of court.”

32
(1998) 4 SCC 409.

38
2. Suo moto enquiry vs Nand Lal Batwani [BCI TR CASE
The Supreme Court of India was confronted with a contempt petition involving Mr. Nand Lal
Balwani, an advocate affiliated with the Bombay Bar Association since 1995. During a court
proceeding in which Balwani had no involvement, he disrupted the proceedings by shouting
slogans and throwing his shoe towards the bench. Following this incident, the court informed
Balwani of the charges against him and granted him time to submit an affidavit in response.
Balwani admitted to his inappropriate behavior and submitted the affidavit.

The primary issue at hand is whether Balwani's actions amount to gross contempt of court.
The court must decide on the appropriate course of action and evaluate the sincerity of
Balwani's apology.

In his affidavit, Balwani acknowledges his wrongdoing in court and expresses regret for his
actions. He offers an unreserved apology, explaining that he was going through a challenging
period and did not intend to disrespect the court or undermine its dignity. However, the court
raises doubts about the sincerity of his apology, noting that Balwani's demeanor during
questioning lacks repentance. Taking into consideration the seriousness of the offense and the
necessity for deterrent measures, the court proceeds to adjudicate.

The court finds Balwani guilty of gross criminal contempt of court for his actions aimed at
intimidating the judiciary and disrupting judicial proceedings. Despite Balwani's apology, the
court deems it insincere and lacking in genuineness. As a consequence, the court sentences
Balwani to four months of simple imprisonment and imposes a fine of Rs. 2,000. Should
Balwani fail to pay the fine, he will serve an additional two months of simple imprisonment.
Balwani is promptly taken into custody to serve his sentence. The court underscores the
unacceptability of such behavior and emphasizes its role as a deterrent against similar acts in
the future.

39
3. Re: Prashant Bhushan and another [Suo Motu Contempt Petition
(CRL.) NO.1 OF 2020].

Prashant Bhushan, renowned for his significant contributions to the legal field, posted two
tweets regarding the functioning of the judiciary and Chief Justice of India SA Bobde. Firstly,
on 27 June 2020, he tweeted attributing the Supreme Court with the responsibility for
purportedly 'destructing' India's democracy over the past six years. The second tweet, on 29
June 2020, depicted the then Chief Justice of India SA Bobde in a negative light while riding
a motorcycle. Although a petition was filed regarding the second tweet, the Supreme Court
took suo moto cognizance of the matter and initiated contempt proceedings against Prashant
Bhushan on 21 July 2020.

The Court formed a prima facie opinion that the tweets in question brought disrepute to the
administration of justice and had the potential to undermine the dignity and authority of the
Supreme Court as well as the office of the Chief Justice of India in the eyes of the general
public. Consequently, the Court permitted the suo moto contempt proceedings against him.

40

40
CONCLUSION:

In conclusion, the adherence to professional ethics holds utmost significance within the legal
realm, particularly for advocates who bear the responsibility of upholding justice and
ensuring equitable application of the law. Ethics, delineating a set of moral principles and
values, serve as guiding principles in dictating individuals' professional conduct, thereby
safeguarding the integrity of the justice system and the rights of clients.

The importance of professional ethics cannot be overstated. Complying with ethical standards
guarantees that advocates prioritize their clients' best interests, maintain confidentiality, and
uphold honesty and integrity in their dealings. By adhering to professional ethics, advocates
enhance the credibility and reliability of the legal profession. Nonetheless, challenges may
arise in maintaining ethical conduct, including conflicts of interest, client pressures, or the
adversarial nature of legal proceedings.

Advocates shoulder various responsibilities, including loyalty, competence, and vigorous

representation. Neglecting these duties can result in professional misconduct, such as
dishonesty or negligence, eroding trust in advocates and impeding the administration of
justice.

The repercussions for professional misconduct vary, encompassing measures ranging from
suspension to disbarment, contingent on the severity of the transgression. Such actions are
indispensable for upholding professional standards and safeguarding clients' interests.
Furthermore, contempt of court, which encompasses actions undermining the judiciary's
authority, constitutes another pivotal facet of professional ethics. While vital for preserving
the court's integrity, the power of contempt has encountered scrutiny due to potential
encroachments on freedom of speech.

41
Numerous cases underscore the significance of professional ethics and contempt of court,
highlighting the ramifications of misconduct and underscoring the imperative of respecting
the judiciary's authority. To conclude, a comprehensive comprehension of professional ethics
and contempt of court is indispensable for legal professionals, ensuring the integrity of the
legal system and the equitable dispensation of justice for society at large.

42
REFERENCES

1. V. S. Biju, Professional Ethics in legal practice, Asian Journal of Professional Ethics &
Management (2009).
2. Mr. Justice F.M. Ibrahim Kalifulla, Professional Ethics: Issues and Challenges & the
art of advocacy, JTRI Journal with annual report (2014).
3. K.V. Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy”.
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