Judgment Case ID: 3338

Judgment:
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 D.C. 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 C.A. 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 s.38 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 s.35(1) 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 s.35(1) of ' the Act and	 although the respondent in C.A. 1467/74 (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 C.A. 1461/74 (Dhabolkar)	 C.A. 1462/74 (Bhagtani)	 C.A. 1463/74 (Talati)	 C.A. 1464/74 (Kelawala)	 C.A. 1465/74 (Dixit)	 C.A. 1466/74 (Mandalia)	 C.A. 1467/74 (Doshi) and C.A. 1468/74 (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 37(2) 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 C.A. 1461/74) 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 C.A. 1462/74	 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 C.A. 1463/74 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 C.A. 1464/74 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 C.A. 1465/74 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 C.A. 1466/74 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 C.A. 1467/74. 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 which`we 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 C.A. 1468/74. 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 SCI/75 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 judge(1) 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 C.P.M. 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 49(c) 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 Advocate(1); In re: Shri M. Advocate of Supreme Court of India(2); In the matter of an Advocate(3); Govt. Pleader vs Siddick(4) 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) (1964)1 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 35(1) 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 49(c) 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 49(c) 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 (2)(a) The procedure adopted by the State Bar Council in referring the cases to its Disciplinary Committee is in due compliance with section 35(1) 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 day`s 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].