ivil Appeal Nos 1461 to 1468 of 1974
From the Judgment and order dated the 14th April 1974 of the Disciplinary Committee of the Bar Council of India New Delhi in DC Appeals Nos 15 to 19 and 21 22 and 25 of 1973
50 V section Desai Vimal Dave Miss Kailahs Mehta for the Appellants
Respondents appeared in person in CAs
1461 and 1467 1468
Sakuddin F Bootwala and Mrs Urmila Sirur for Respondents in CAs
1462 1464 V N Ganpule for Respondent in CA 1465
D V Patel and Mrs K Hingorani for the Bar Council of India
section K Sinha for the Bihar State Bar Council
The Judgment of the Court was delivered by KRISHNA IYER J
These appeals have filled us as much with deep sorrow as with pained surprise
I he story of the alleged profession misconduct  and the insensitivity of the disciplinary authority to aberrant professional conduct have been the source of our distress as we will presently explain after unfurling the factual canvas first
The first chapter of the litigation in this Court related of the standing of the State Bar Council to appal to this Court under s38 of the advocates Act 1961 the Act for short against appeallate decision of the Disciplinary Tribunal appointed by the Bar Council of India
This Court upheld the competence to appeal thus leading us to the present stage of disposing of the eight cases on merits
The epileptic episodes what other epithet can adequately express tile solicitation circus dramatised by the witnesses as practised by the panel of advocate respondents before us make us blush in the narration
For after all do we not all together belong to the inner republic of bencher and bar  The putative delinquents are lawyers practising in the criminal courts in Bombay City
Their profession ordains a high level of ethics as much in the means as in the ends
Justice cannot be attained without the stream being pellucid throughout its course and that is of great public concern not merely professional care
Briefly expressed these practitioners according to testimony recorded by the State Disciplinary Tribunal positioned themselves at the entrance to the Magistrates Courts watchful of the arrival of potential litigants
At sight they rushed towards the clients ill an ugly scrimmage to snatch the briefs to lay claim to the engagements even by physical fight to undercut fees and by this unedifying exhibition sometimes carried even into the Bar Library solicited and secured work for themselves
If these charges were true any member of the Bar with elementary ethics in his bosom would be outraged at his brethren s conduct and yet in reversal of the State Disciplinary Committee s finding the appellate Tribunal at the national level appears to have entered a verdict based on a three point formula that this conduct even if true was after all an attempt to solicit practice and did not cross the borderline of misconduct The Bar Council of the State OF Maharashtra the appellant before us and the Bar Council of India which is a party respondent have expressed consternation at this view of the law of professional misconduct and we share this alarm Were this view right it is difficult to call the legal profession noble
Were this 51 understanding of deviant behaviour sound there is little to distinguish between railway porters and legal practitioners although we do not mean to hurt the former and have mentioned a past practice to drive home our present point We do not wish to dilate further on the evidence in so far as it concerns each of the respondent advocates in view of certain developments which we will presently notice
There are eight cases but we are relieved from dissecting the evidence against most of them for reasons which we will hopefully and shortly state
The Bar Council of Maharashtra by its resolution No 29 dated August 8 1964 considered the complaint received from the High Court against one Kelawala and 15 other Advocates among whom are those charged with professional misconduct and covered by the present appeals under s351 of the Act and presumably having reason to believe that the professional misconduct alleged required a further probe referred the case to its disciplinary committee
This procedure is in due compliance with s351 of  the Act and although the respondent in CA 146774 A K Doshi has contended that the resolution of the Bar Council does not ex facie disclose that it had reason to believe that the advocates involved were guilty of professional misconduct we see no merit in it The requirement of reason to believe  cannot be converted into a formalised procedural road block it being essentially a barrier against frivolous enquiries
It is implicit in the resolution of the Bar Council when it says that it has considered the complaint and decided to refer the matter to the disciplinary committee that it had reason to believe as prescribed by the statute Such blanket reference to the disciplinary body so far as we are concerned related to the respondent in CA 146174 Dhabolkar CA 146274 Bhagtani CA 146374 Talati CA 146474 Kelawala CA 146574 Dixit CA 146674 Mandalia CA 146774 Doshi and CA 146874 Raisinghani
All the cases were tried together as a unified proceeding and disposed of by a common judgment by the Disciplinary Committee a methodology conducive to confusion and prejudice as we will explain later in this judgment
The respondents in the various appeals before us were found guilty of conduct which seriously lowers the reputation of the Bar in the eyes of the public  and they were suspended from practising as Advocates for a period of three years
Appeals were carried to the Bar Council of India and in accordance with the statutory provision they were referred to the Disciplinary Committee appointed by it under section 372 of the Act
The Appellate Disciplinary Committee heard the appeals and absolved them of professional misconduct
Aggrieved by this verdict of reversal the Bar Council of Maharashtra has appealed to this Court
The initial hurdle of locus standi has been surmounted as stated earlier we have been addressed arguments on the merits by Shri V section Desai on behalf of the appellant
He has canvassed the correctness of the finding of fact in each case although with varying degrees of diffidence but turned his forensic fusillade on the somewhat startling concept of professional misconduct adopted by that disciplinary Tribunal 52 We will proceed to deal with each appeal separately so far as the factual foundation for the charges is concerned but discuss the legal question later as it affects not merely the advocates ranged as respondents but the Bar in India and the public in the country
The profound regret of these cases lies not only in the appellate disciplinary tribunal s subversive view of the law of professional conduct that attempted solicitation by snatching briefs and catching clients is or no ethical moment or contravention of the relevant provisions but also in the naive innocence of fair and speedy procedure displayed by the State Disciplinary Tribunal in clubbing together various charges levelled against 16 advocates in one common trial mixing up the evidence against many recording omnibus testimony slipshodly not maintaining a record of each day s proceedings examining witnesses in the absence of some respondents taking eight years to finish a trial involving depositions of four witnesses and the crowning piece omission to consider the evidence against each alleged delinquent individually in the semi penal proceedings
True a statutory tribunal may ordinarily regulate its procedure without too much rigidity subject to  the rules of natural justice but large scale disregard of well known norm of fair process makes us wonder whether some at least of the respondents have not been handicapped and whether justice may not be a casualty if the tribunal is not alerted about its processual responsibilities
We have some observations to make about the Tribunals at the State and at the appellate levels in the further stages of this judgment
However we find it convenient to dispose of the appeals on the evidence on the assumption that if in fact there have been snatching and fighting and like solicitation exercises indulged in by any of the respondents such conduct is in gross breach of professional behaviour and invites punishment
A case by case disposal is desirable and so we begin with Dabholkar respondent in CA 146174 who appeared in person to plead in defence
The evidence against him is far from satisfactory and suffers from generalised imputation of misconduct against a group of guilty lawyers
To dissect and pick out is an erroneous process except where individualised activities are clearly deposed to
Moreover the only witness who implicates him swears I have not seen him actually snatching away the papers
I did not hear the talk Mr Dabholkar had with the persons 
Moreover he was a senior public prosecutor
We also record the fact that he expressed distress as the arguments moved on
Apart from the weak and mixed evidence against him there is the circumstance that he is around 68 years old
With a ring of truth he submitted that he was too old to continue his practice in the profession and had resolved to retire into the sequestered vale of life
He frankly admitted that even apart from the evidence if there were any sins of the past he would not Pursue the path of professional impropriety hereafter having decided virtually to step out of the Bar
except for a limited Purpose
He had just four cases left with him which he desired to complete
having received fees
He further represented that he did not intend to accent any new briefs or appear in any Court except to the little extent that the Bombay Paints  Allied Products
53 Limited Chembur Bombay a large company which occasionally A engaged him in small cases chose to brief him
We are inclined to take him at his word particularly because he has put himself out of harm s way by a clear assurance about his future plans
On the evidence we exonerate him from professional misconduct and otherwise we record him solemn statement to the Court
Shri Bhagthani respondent in CA 146274 has not engaged counsel nor appeared in person but as we examined the evidence assisted by Shri Desai we found precious little against him
That extinguishes the charge
No need therefore arises for punishing him or reversing the appellate Tribunal s acquittal
The respondent in CA 146374 is Talati
He has been found not guilty  in appeal but as we perused the evidence it became fairly clear that some acts of misconduct had been made out although the evidence suffered from omnibus implication
His counsel Mr Zakuriddin F Bootwala however made a submission which has moved us into showing some consideration for this respondent
Shri Zaki represented that his client had stood the vexatious misfortune of a long protracted litigation before the two tribunals and a later round in this Court when the question of locus standi of the State Bar Council was gone into
He was in poor circumstances and had suffered considerably on this score
Further he has given an undertaking expressing unqualified regret for his deviant behaviour and has prayed for the clemency of the Court promising to turn a new leaf of proper professional conduct if he were permitted to practice
Taking note of the compassionate conspectus of circumstances attendant on his case and in view of the tender of unconditional regret which expiates in part his guilt we allow the appeal but reduce the period of suspension inflicted by way of punishment by the Maharashtra Tribunal from three years to a period upto December 31 this year 1975 
In short we find him guilty and reluctantly restore the verdict of the original tribunal but reduce the punishment to suspension from practice as aforesaid
The respondent in CA 146474 is Kelawala
His counsel Mr Zaki submitted that this practitioner had become purblind and was ready to give an undertaking to the Court that he would no longer practice in the profession
While there is some evidence against him an overall view of the testimony does not persuade us to take a serious view of the case against him
Moreover being old and near blind and having undertaken to withdraw from the profession for ever it is but fair that he spends the evening years left to him without the stigma of gross misconduct
In this view we do not disturb the finding of the Disciplinary Committee of the Bar Council of India hut record the undertaking filed by Shri Zaki that his client Kelawala will not practice the profession of law any longer
H The respondent in CA 146574 is Dixit for whom Shri Gannule appeared
Shri Desai for the appellant took us through the evidence 54 against this lawyer but fairly agreed that the evidence was by any standard inadequate to bring home the guilty of misconduct
We readily hold him rightly absolved from professional misconduct
The respondent in CA 146674 is Mandalia
He did not appear in person or through counsel
The reason is fairly obvious
The evidence is so little that it is not possible nor proper to pick out with precision and assurance any particular soliciting  act to infer guilt
Shri Desai for the appellant was fair enough to accede to this position
His exculpation cannot therefore be interfered with
The only contesting respondent is Doshi CA 146774
He contests his guilt and pursues his plea with righteous persistence and challenges the evidence and its credibility projecting his grievance about processual improprieties
We will consider both these facts of his legitimate criticism despite his cantankerous arguments which we have heard with forbearance remembering that a party arguing his own case may perhaps not be able to discipline himself to observe the minimal decorum that advocacy in Court obligates
The respondent displayed as the proceedings in this Court ran on his art of irritating interruptions his exercises in popping up and down heedless of the Court s admonition and his skill in remaining references to what was not on record
The fine art of advocacy suffers mayhem when irrelevant men indelicately brush with it
The State Tribunal s records reveal that Shri Doshi had not spared their patience or sense of pertinence
Having said all this we are bound to examine the evidence against him fairly
Such a scrutiny shows that the best witness Shri Shertukde the President of the Bar Association and otherwise a respected Member of the Bar has not involved him in any malpractice
Even Shri Pathare the only one to rope him in merely gives omnibus testimony ambivalent in places and unspecific about some including Doshi
There is little else brought home with clarity against loquacious Doshi
To convict him out of the vague lips of Pathare may perhaps be a credulous folly
The grouping of a number of advocates in a sort of mass trial has prejudiced Shri Doshi a consequence which could and should have been avoided
He had other grievances of denial of fair opportunity whichwe could not verify for want of a daily diary or order sheet
We are satisfied by a perusal of the record that this respondent has had an impressive background of social service
commendable testimonials of his legal skills from competent persons and some law practice in various Courts and consultancy work for social welfare institutions which are apt to dissuade him from the disreputable bouts in the pathological  area of the Esplanade Police Courts in Bombay
Even assuming that this overzealous gentleman had exceeded the strict bounds of propriety we are not satisfied that the charge of professional misconduct as laid has been brought home to him
What we have observed about his conduct in this Court must serve as a sufficient admonition to wean him away from improper conduct
We do not interfere with the exculpation secured by him before the appellate Tribunal hopeful that he will canalize his professional energies in a more disciplined way to be useful to himself and
more 55 importantly to his unsolicited  clientele
After all even a sinner has A a future and given better court manners and less turbulent bellicosity Shri Doshi appears to have a fair professional weather ahead in the City
We hold him unblemished so far as the vice of solicitation is concerned but caution him to refine himself in advocacy
Shri Raisinghani is tho respondent in CA 146874
Shri V section Desai took us though the evidence against him and although he is 65 years old the evidence shows that he has physically fought two rival advocates in the course of snatching the briefs from clients entering the Esplanade criminal courts
One of these fights resulted in his trousers being torn and the other assault by him was on Mr Mandalia one of the respondents in these appeals
Shri Mandalia had filed a complaint against Raisinghani but in the criminal court they lived down their earlier skirmish and compounded the case
Be that as it may we find that Shri Raisinghani is not merely an old man but a refugee from Pakistan who leaving his properties there has migrated to Ahmedabad with his family
Apparently he is in penurious environs and stay in the refugee colony in Bombay incidentally attending to his claims to the properties left behind in Pakistan and acquiring some evacuee property in lieu of what he has lost
Staying in Kalyan Refugee Camp this lawyer afflicted with distress and dotage is also attending the Magistrate s Court to make a living
This commiserative social milieu may not absolve him of the misconduct which we are satisfied the testimony in the case has established
Even so Shree Raisinghani has appeared in person and has given an undertaking expressing remorse praying to be shown clemency and assuring that economic pressure notwithstanding he will not go anywhere near professional pollution in the last years of his practice at the Bar
We are inclined to take a sympathetic view of his septuagenarian situation record his apology and assurance restore the verdict of guilt by the State Disciplinary Committee but reduce the punitive part of it to a period of suspension until December 31 this year 1975
Now to the legal issue bearing on canons of professional conduct
The rule of law cannot be built on the ruins of democracy for where law ends tyranny begins
If such be the keynote thought for the very survival of our Republic the integral bond between the lawyer and the public is unbreakable
And the vital role of the lawyer depends upon his probity and professional life style
Be it remembered that the central function of the legal profession is to promote the administration of justice
If the practice of law is thus a public utility of great implications and a monopoly is statutorily granted by the nation it obligates the lawyer to observe scrupulously those norms which make him worthy of the confidence of the community in him as a vehicle of justice social justice
The Bar cannot behave with doubtful scruples or strive to thrive on litigation
Canons of conduct cannot be crystalised into rigid rules but felt by the collective conscience of the practitioners as right It must be a conscience alive to the proprieties and the improprieties incident to the discharge of a sacred public L 1276 SCI75 56 trust
lt must be a conscience governed by the rejection of self interest and selfish ambition
It must be a conscience propelled by a consuming desire to play a leading role in the fair and impartial administration of Justice to the end that public confidence may be kept undiminished at all times in the belief that we shall always seek truth and justice in the 13 preservation of the rule of law
It must be a conscience not shaped by rigid rules of doubtful validity but answerable only to a moral code which would drive irresponsible judges from the profession
Without such a conscience there should be no judge1 and we may add no lawyer
Such is the high standard set for professional conduct as expounded by courts in this country and elsewhere
These background observations will serve to size up the grave misapprehension of the law of professional ethics by the tribunal appoint ed by the Bar Council of India
The disciplinary body acquitting everyone on non violation of bounds of propriety argued
Rule 36 of the Bar Council of India on Standards of Professional Conduct and Etiquette is as follows An Advocate shall not solicit work or advertise either directly or indirectly whether by circular advertisements touts personal communications interviews not warranted by personal relations furnishing newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned  
Hence in order to be amendable to disciplinary jurisdiction the Advocates must have 1 solicited work 2 from a particular person 3 with respect to a case
Unless all the three elements are satisfied it cannot be said that an Advocate has acted beyond the standard of professional conduct and etiquette
It has been stated that the conduct of the Advocate concerned did not conform to the highest standards of the legal profession
It is not that every body must conform to the highest standards of the legal profession
It is enough if an Advocate conforms to the standards of professional con duct and etiquette as referred to in the rules
    He witness Mantri says further that 7 Advocates who are personally present today I have seen each of them standing either on the first floor near the lift or on the first floor either near the lift or in the lobbies of the 1 Hastings Hon
John section Judicial Ethics as it Relates to Participation in Money Making Activities Conference on Judicial Ethics p 8 The School of Law University of Chicago 1964
57 Esplanade Court and trying to solicit work from the persons A coming to the Esplanade Court
This mere attempt to solicit is nothing In order to be within the mischief of rule 36 not merely canvassing is enough but canvassing must be for a case With the person who had not till then engaged a lawyer
There is nothing to show either of these things none of the persons who might have been subjected to these solicitations as they are stated have been examined to prove the case
Hence this evidence does not establish anything within rule 36
All that is necessary for us to see is whether the three items referred to have been complied with and we find that they have not been complied with because we do not know what was the nature of the communication we do not know in connection with which case the solicitation took place and with whom the conversation took place
Hence Mr Shertukade s evidence is not sufficient for the purpose of taking any disciplinary action under rule 36
     Mr Krishnarao V Pathumdi is the first witness in this case case of Raisinghani
He says I had seen Kelawala Mr Baria Mr Raisinghani Mr Bhagtani approaching the people visiting the Court and soliciting work from them
This we have already slated is far below the requirement required to be proved under rule 36
He says that he had seen Mr Raisinghani approaching people and soliciting work
He did not ascertain the names of the persons who approached because it was not his business
But as stated above is evidence does not establish the three elements required to be proved under rule 36 because we do not know what was the personal communication between him and the persons solicited
We do not know whether it related to a case or not 
Then the next witness is Mr Sitaram Gajanan Shertukade
In cross examination by Mr Rai singhani he says I have seen Mr Raisinghani accosting people
I have seen Mr Raisinghani snatching the papers from the hands of the litigating public
I have seen this more than 10 times
The litigating public from whom the papers were snatched did not say anything that there was a fight between Mr Raisinghani and other lawyer over the papers which were snatched
I did not contact those persons from whom the papers were snatched nor talked to them so he was not concerned with this Therefore his evidence cannot be sufficient Emphasis ours 58 We may illustratively quote an excerpt from the evidence of the Bar Association President and one time Bar Council Member Shri Shertukade to show the injury to the profile of the profession the curious view of the disciplinary tribunal has inflicted I have seen Mr Raisinghani accosting people
I have seen Mr Raisinghani snatching the papers from the hands of litigating public
I have seen this more than 10 times There was a fight between Mr Rasinghani and Mr Baria
made oral complaint to the CPM
I do not remember who was present at that time
In that fight Mr Raisinghani s pant was torn
There was assault by Mr Raisinghani on Mr Mandalia and I had advised Mr Mandalia to file a complaint against Mr Raisinghani
Mr Mandalia did file a case against Mr Raisinghani but it was compounded
 How can a disciplinary authority aware of its accountability to the Indian Bar functioning as the stern monitor holding the punitive mace to preserve professional purity and promote public commitment and appreciative of what is disgraceful dishonourable and unbecoming judged by the standards of conduct set for this noble calling and deviations damaging to its public image find its way to hold such horrendous misbehaviour as snatching catching fighting and under cutting as not outraging the canons of conduct without exposing itself to the charge of dereliction of public duty on the trisection of r 36 and blind to the law for lawyers  It has been universally understood wherever there is an organised bar assisting in administering justice that an attorney solicitor barrister or advocate will be suspended or disbarred for soliciting legal business
And the snatching  species of solicitation are more revolting than ambulance chasing  advertising and the like
If the learned profession is not a money making trade or a scramble for porterage but a branch of the administration of justice the view of the appellate disciplinary tribunal is indefensible and deleterious
We as a legal fraternity must and shall live up to the second and live down the first
by observance of high standards and dedication to the dynamic rule of law in a developing country
It is unfortunate that the Maharashtra tribunal has slurred over vital procedural guidelines
Professional misconduct prescribed by section 35 of the Act has to be understood in the setting of a calling to which Lincoln Gandhi Lenin and a galaxy of great men belonged
The high moral tone and the considerable public service the bar is associated with and its key role in the developmental and dispute processing activities and above all in the building up of a just society and constitutional order
has earned for it a monopoly to practise law and an autonomy to regulate its own internal discipline
This heavy public trust should not be forfeited by legalising or licensing fights for briefs affrays in the rush towards clients undercutting and wrangling among members
Indeed we were scandalized when one of the respondents cited a decision under the Suppression of Immoral Traffic Act to prove 59 what is soliciting 
The odious attempt to equate by implication the standards for the two professions was given up after we severely frowned on it
But the disciplinary tribunal s view that an attempt to solicit did not matter that professional misconduct rested solely on r 36 of the rules framed under section 49c and that r 36 was made up of three components shows how an orientation course in canons of conduct and etiquette in the socio ethical setting of the lawyer the public and professional responsibility may be an educative asset to disciplinary tribunals and Bar Councils which appoint tribunals and regulate professional conduct by rules
Cicero called the law a noble profession  but Frederick the Great described lawyers as leeches 
We agree that r 36 fairly construed sets out wholesome rules of professional conduct although the canons of ethics existed even prior to r 36 and the dissection of the said rule the way it has been done by the disciplinary tribunal disfigures it
It is also clear that r 36 is not the only nidus of professional ethics
Indeed the State tribunal has from a processual angle fallen far short of norms like proper numbering of witnesses and exhibits indexing and avoidance of mixing up of all cases together default in examination of the respondents consideration separately of the circumstances of each delinquent for convicting and sentencing purposes
More attention to the specificity in recording evidence against each deviant instead of testimonial clubbing together of all the respondents would have made the proceedings clearer fairer and in keeping with court methodology without over judicialised formalities
Indeed the consolidation of 16 cases and trying them all jointly although the charges were different episodes were obviously violative of fair trial
And 8 years for an enquiry so simple and brief We express the hope that improvement of this branch of law relating to disciplinary proceedings will receive better attention from the Bar Council and the tribunal members
What prophylactic prescription can ensure fundamentally fair hearing or due process better than by choosing persons of sense and sensibility familiar with the basics of trial procedure and conscientious about avoidance of prejudice and delay  Rules may regulate but men apply them
Both are important
The appellate disciplinary tribunal was wholly wrong in applying r 36 which was promulgated only in 1965 while the alleged misconduct took place earlier
What this tribunal forgot was that the legal profession in India has been with us even before the British and coming to decades of this century the provisions of r 35 of the section 10 of the Bar Councils Act and other enactments regulating the conduct of legal practitioners have not turned on the splitting up of the text of any rule but on the broad canons of ethics and high tone of behaviour well established by case law and long accepted by the soul of the bar
Professional ethics were born with the organised bar even as moral norms arose with civilised society
The exercise in discovering the three elements  of r 36 was as unserviceable as it was as supererogatory
60 The ruling in In the matter of P  an Advocate1 In re Shri M Advocate of Supreme Court of India2 In the matter of an Advocate3 Govt
Pleader vs Siddick4 were cited before us and no judge nor lawyer will be in doubt even without study of case law that snatching briefs by standing at the door of the court house and in fighting for this purpose is too dishonourable disgraceful and unbecoming to be approved even for other professions
Imagine two or three medical men manhandling a patient to claim him as a client The law has suffered at the hands of the appellate tribunal
Lest there should be lingering doubts we hold that the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting advertising scrambling and other obnoxious practices subtle or clumsy for betterment of legal business
Law is no trade briefs no merchandise and so the leaven of commercial competition or procurement should not vulgarise the legal profession
Canon 27 of Professional Ethics of the American Bar Association states It is unprofessional to solicit professional employment by circulars advertisements through touters or by personal communications or interviews not warranted by personal relations
 We wish to put beyond cavil the new call to the lawyer in the economic order
In the days ahead legal aid to the poor and the weak public interest litigation and other rule of law responsibilities will demand a whole new range of responses from the bar or organised social groups with lawyer members
Indeed the hope of democracy is the dynamism of the new frontiersmen of the law in this developing area and what we have observed against solicitation and alleged profit  making vices are distant from such free service to the community in the Jural sector as part of the profession s tryst with the People of India
It is a misfortune that a disciplinary body of a dimensionally great and growing public utility profession has lost its vision blinkered by r 36 as misconstrued and trisected by it
For the practice of Law with expanding activist horizons professional ethics cannot be contain ed in a Bar Council rule nor in traditional cant in the books but in new canons of conscience which will command the members of the calling of justice to obey
rules of morality and utility clear in the crystallized case law and concrete when tested on the qualms of high norms 1 19641 section C R 697
2  3 I L R 4 61 simple enough in given situations though involved when expressed in a single sentence
We but touch upon this call to the calling of law as more is not necessary in the facts of these cases
The law has thus been set right the delinquents identified and dealt with based on individualised deserts and the appeals are disposed of in the trust that standards and sanctions befitting the national Bar will be maintained in such dignified and deterrent a manner that public confidence in this arm of the justice system is neither shaken nor shocked
Parties will bear their costs throughout


Summary:
The rule of law cannot be built on the ruins of democracy for where law ends tyranny begins
If such be the keynote thought for the very survival of our Republic the integral bond between the lawyer and the public is unbreakable
And the vital role of the lawyer depends upon his probity and professional life style
Be it remembered that the central function of the legal profession is to promote the administration of justice
If the practice of law is thus a public utility of great implications and a monopoly is statutorily granted by the nation it obligates the lawyer to observe scrupulously those norms which make him worthy of the confidence of the community in him as a vehicle of justice social justice
The Bar cannot behave with doubtful scruples or strive to thrive on litigation
Canons of conduct cannot be crystalised into rigid rules but felt by the collective conscience of the practitioners as right
55 F H
Justice cannot be attained without the stream being pellucid throughout its course and that is of great public concern not merely professional care
50 F
The respondents who were lawyers practising in criminal courts were charged with professional misconduct under section 351 of the  in that they positioned themselves at the entrance to the Magistrates  Courts watchful of the arrival of potential litigants and at sight rushed towards the clients in an ugly scrimmage to snatch the briefs
to lay claim to the engagements even by physical fight to undercut fees and by this unedifying exhibition sometimes carried even into the Bar Library solicited and secured work for themselves
The Bar Council of Maharashtra considered The complaint received from the High Court against the lawyers and referred the matter to its Disciplinary Committee for further probe
The Disciplinary Committee of the State Bar Council held the respondents guilty of professional misconduct and suspended them from practising as advocates for a period of there years
On appeal the Disciplinary Committee of the Bar Council of India held that under r 36 of the rules framed under section 49c of the in order to be amenable to the disciplinary jurisdiction the advocates must have i solicited work ii from a particular person and iii with respect to a case
It held that unless the three elements were satisfied it could not be said that an advocate had acted beyond the standard or professional conduct and etiquette
It therefore absolved all the respondents of the charge cf professional misconduct
The State Bar Council has come in appeal to this Court
 HELD Rule 36 of the rules framed under section 49c of the  fairly construed sets out wholesome rules of professional conduct and the dissection of the said rule the way it has been done by the Disciplinary Tribunal disfigure it
59 C
1 The canons of ethics and propriety far the legal profession totally taboo conduct by way of soliciting advertising
scrambling and other obnoxious practices subtle or clumsy for betterment of legal business
Law is no trade briefs no merchandise and so the leaven of commercial competition or procurement should not vulgarise the legal profession
60 C 49 2a The procedure adopted by the State Bar Council in referring the cases to its Disciplinary Committee is in due compliance with section 351 of the 
51 C D
b The contention that the resolution of the Bar Council did not ex facie disclose that it had reason to believe that the advocates were guilty of professional misconduct had no merit
The requirement of reason to believe cannot be converted into a formalised procedural road block it being essentially a barrier against frivolous enquiries
lt is implicit in the resolution Of the Bar Council when it says that it has considered the complaint and decided to refer the matter to the Disciplinary Committee that it had reason to believe as prescribed by the statute
51 D E
3 The State Tribunal has from a processual angle fallen far short of norms like proper numbering of witnesses and exhibits indexing and avoidance of mixing up of all cases together default in examination of the respondents consideration separately of the circumstances of each delinquent for convicting and sentencing purposes
More attention to the specificity in recording evidence against each deviant instead of testimonial clubbing together on all the respondents could have made the proceedings clearer fairer and in keeping with court methodology without over judicialised formalities
The consolidation of all cases and trying them all jointly although the charges there different episodes obviously violative of fair trial
59 D F
4 a The profound regret of these cases lies not only in the appellate Disciplinary Tribunal s subversive view of the law of professional conduct that attempted solicitation by snatching briefs and catching clients is of no ethical moment or contravention of the relevant provisions but also in the naive innocence of fair and speedy procedure displayed by the State Disciplinary Tribunal in clubbing together various charges levelled against the advocates in one common trial mixing up the evidence against many recording omnibus testimony slipshodly not maintaining a record of each days proceedings examining witnesses in the absence of some respondents taking eight years to finish in trial involving depositions of four witnesses and omission to consider the evidence against each alleged delinquent individually in the semi penal proceeding
True a statutory Tribunal may ordinarily regulate its procedure without too much rigidity subject to the rules of natural justice but large scale disregard of well known norms of fair process makes one wonder whether some at least of the respondents had not been handicapped and whether justice may not be a casualty if the Tribunal is not alerted about its processual responsibilities
52 B D b The Appellate Tribunal was wholly wrong in applying r 36 which was promulgated only in 1965 while the alleged misconduct took place earlier
What this Tribunal forgot was that the legal profession in India has been with us even before the British and coming to decades of this century the provisions of section 35 of the  section 10 of the Bar Councils Act and other enactments regulating the conduct of legal practitioners have not turned on the splitting up of the text of any rule but on the broad canons of ethics and high tone of behaviour well established by case law and long accepted by the soul of the bar
Professional ethics were bourn with the organised bar even as moral norms arose with civilised society
The exercise in discovering the three elements of r 36 was as unserviceable as it was supererogatory
59 G H
c It is a misfortune that a disciplinary body of a dimensionally get and growing public utility profession has lost its vision blinkered by r 36 as misconstrued and trisected by it 60 G