Advocateship of terminated judge
VISHNU
(Querist) 26 October 2011
This query is : Resolved
Resp sir
1. A Judge, who has been terminated by HC as service no longer required ,can do advocacy (practice as a Lawyer) in lower court.
Thanks
ajay sethi
(Expert) 26 October 2011
please clarify in which court you were appointed to act as judge?
you can do chamber practice . act as arbitrator .
Arun Kumar Bhagat
(Expert) 26 October 2011
A retired Justice of High Court can practice in Supreme Court but not in High Court. A Judge can practice as an Advocate in all courts.
Sailesh Kumar Shah
(Expert) 26 October 2011
I humbly disagree with Shri adv. rajoo
No, he can't practice in lower court.
According to Article 220 of the constitution of India:-
"No person who, after the commencement of
this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts"
Guest
(Expert) 26 October 2011
I also want to give the same opinion of mr. shah. but chamber work he can do.
Ravikant Soni
(Expert) 26 October 2011
Art. 220 is pertaining to HC judges only.
But I am of the opinion if a Judge of lower court is terminated for his misconduct or moral reasons, he can not do practice as an advocate.
Advocate act bars for his practice.
VISHNU
(Querist) 26 October 2011
Sir
Great Gratitude to All Learned participants..
Answers of Ld. Adv, Rajoo,AK Bhagat,S Ganesan is not taken into consideration at all. Because the question is only for misconduct of lower court ADJ. i AGREE WITH sH Ravikant Son and great RK Makkad.
Thanks a lot to them.Now I can request these 2 counsel to clarify if a complaint is to be lodged against a trial court judge who is practising as an advocate under which section of Advocate Act and before whom complaint is maintainable?
Thanks a lot to all.
Raj Kumar Makkad
(Expert) 27 October 2011
Sections 24 & 29 of Advocates Act, 1961 and complaint to respective Bar Council shall be made. More Provisions:
Conviction of Legal practitioners to be reported
G.L. no. 78/67-8 dated 3rd September, 1936
When any advocate, pleader or mukhtar is convicted of any criminal offence, the court concerned shall forthwith and without delay report the fact to the High Court, without reference to the question whether an appeal has or has not been filed. A copy of the judgment delivered in the case shall be forwarded with the report. If an appeal is filed, that fact shall be reported to the High Court immediately and when the judgment in appeal is delivered, a copy of it shall also be forwarded.
Sailesh Kumar Shah
(Expert) 27 October 2011
Shri Ravikant Soni,
can i know the provisions, in which mentioned :-
"if a Judge of lower court is terminated for his misconduct or moral reasons, he can not do practice as an advocate.Advocate act bars for his practice."
Thanks
with Regards,
Sailesh Kumar Shah
(Expert) 27 October 2011
Since he is practice as an advocate, following provisions are applicable:-
35. Punishment of advocates for misconduct.—(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
1[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a
proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of
that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 2[***] shall fix a date for the hearing of the case and shall cause a notice
thereof to be given to the advocate concerned and to the
Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving
the advocate concerned and the Advocate-General an opportunity
of being heard, may make any of the following orders, namely:—
(a) dismiss the complaint or, where the proceedings were
initiated at the instance of the State Bar Council, direct that the
proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it
may deem fit;
(d) remove the name of the advocate from the State roll of
advocates.
(4) Where an advocate is suspended from practice under clause
(c) of sub-section (3), he shall, during the period of suspension,
be debarred from practising in any court or before any authority
or person in India.
(5) Where any notice is issued to the Advocate-General under
sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person
or through any advocate appearing on his behalf.
Sailesh Kumar Shah
(Expert) 27 October 2011
Further, PART VII to BAR COUNCIL OF INDIA RULES deals with DISCIPLINARY PROCEEDINGS AND REVIEW.
A. A. JOSE
(Expert) 29 October 2011
Unless and untill the Bar Council enrolment as Advocate - of the former Judge (now terminated) - is suspended and/or the person concerned is debarred from practice as an Advocate by the Bar Council concerned after following due process of law, merely for the reason of his termination from judiciary as Judge, his right to practice as an Advocate cannot denied.
VISHNU
(Querist) 30 October 2011
Ld Adv RAJ KUMAR JEE
WE EXTEND THANKS TO ALL
KINDLY OFFER COMMENTS ON OPINION OF ADV AA JOSE BARODA TO SETTLE THE DEBATABLE QUERY
Sailesh Kumar Shah
(Expert) 30 October 2011
I completely agree with Shri A.A. Jose Baroda.
you have to complain before concern state bar council, thereafter after disciplinary action taken under the advocate act and rules of BCI.
I am also partly agree with Shri Soni.
