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ਬਲਬੀਰ ਸਿੰਘ ਸੂਚ (ਵਕੀਲ)
*Why is there unruliness in the legal profession in India?* (Part 2)
*Why is there unruliness in the legal profession in India?* (Part 2)
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*Why is there unruliness in the legal profession in India?* (Part 2)
*By Balbir Singh Sooch, Advocate, Ludhiana*
*The Supreme Court of India to law panel: Examine act for lawyers’ conduct:*
*“Expressing serious concern over the deviant conduct and behaviour of lawyers across the country, the Supreme Court has asked the Law Commission to revisit the Advocates Act and analyse the provisions dealing with regulatory mechanism for the legal profession. The bench has requested the Law Commission of India to go into all relevant aspects relating to regulation of legal profession in consultation with all concerned at an
early date. “We hope the government of India will consider taking further appropriate steps in the light of report of the commission within six months thereafter,” the bench said.”*
*To my mind, Hon’ble the Supreme Court of India is more competent to revisit the Advocates Act and analyse the provisions dealing with regulatory mechanism for the legal profession like ‘Madras HC issued Guidelines to clean the Legal Profession’.*
*But, Hon’ble Supreme Court of India seems avoided to do so for its own reasons.*
*Whether like and in view of the following allegation, the malpractices going on in the judicial system in India could be brushed aside-away so easily?*
*“The Kerala High Court on Wednesday upheld an order of  Vigilance Court, Thiruvananthapuram,  to register a case against Sandy George, lawyer appearing for an accused in a murder case at the Additional Sessions Court (Adhoc II), Thiruvananthapuram, in connection with the allegation of accepting bribe from an accused for influencing a complainant in the case.
Even though his integrity was never questioned by the accused concerned, he preferred the complaint in order to shed light on the malpractices going on in the system. Such practices have to be weeded out for which prosecution is required,’’ the court said.*
*Once feted as members of a noble profession, lawyers often hit headlines for wrong reasons. The violence against students and teachers of Jawaharlal Nehru University at Patiala House Courts in February exposed how advocates vent their ire in a manner that does not behoove a profession dedicated to upholding the rule of law.*
*‘Policemen cheered unruly lawyers on’: TNN | Feb 23, 2016, 12.38 AM IST:
NEW DELHI: Policemen cheered on while lawyers thrashed Kanhaiya Kumar at Patiala House court last week. Gunning for Umar Khalid, they are planning "something big" in the next hearing, they said.*
*"They (cops) said 'sir if were not in uniform, we would also strike...we have a compulsion. We have to do our duty and earn our livelihood. Otherwise, we would have also hit...what you are doing is right but we have to do our duty. We have to take Kanahiya safely,'" claimed Yashpal Singh.*
*"Some (police) personnel were standing...they said 'good sir'. I said 'come'. They said, 'we are in uniform sir'," said Vikram Chauhan, who led the attack. His associate, Yashpal Singh, claimed policemen supported their
act.*
*Madras HC issues Guidelines to clean the Legal Profession: “Concluding the Judgment it is held that “Criminalisation of Bar has already started and is spreading like a wild fire sullying, degrading and destroying the image and prestige of the noble profession.*
*As a member of the legal fraternity and the higher judiciary, for the past 30 years, this Court has been witnessing steep fall in the standards, steady invasion of the profession by criminal, communal and extremist
elements, by purchasing law degrees without any basic qualifications and without attendance from Letter Pad Law Colleges and their attempt to disturb normal Court proceedings by boycotts, exhibition of unruly high handed behaviour inside and outside Court and committing offences and covering up by advocate’s label as explained in detail.*
*It is very unfortunate that the so-called Bar leaders and many of the Bar Council members are said to be associated with these elements. *
*If this menace is not prevented and curtailed, the day is not too far when Courts will be conducted as per the wishes of criminal elements and communal leaders ending the rule of law.*
*One needs to take a look at the grim and serious state of the legal profession practically.*
*As a member of the legal profession, this Court  hopes that the issue of criminalization  of the profession is seriously taken note of by the Hon’ble Supreme Court and the Central Government and appropriate action be
taken to redeem the profession from the clutches of persons with criminal background, communal elements with muscle power, persons with extremist ideology otherwise “NEETHI DEVATHAI”  (Goddess of Justice)  will not forgive all the stake holders of justice delivery system”.*
*Appearance before the court is subject to such conditions (the bench upheld the conviction of UP-based lawyer Mahipal Singh Rana for contempt of court after he had threatened a judge.) as are laid down by this court or
the high court. An advocate could be debarred from appearing before the Court even if the disciplinary jurisdiction for misconduct was vested with the Bar Council of India or the Bar Council of the State concerned.*
*This is what a bench headed by Justice Kurien Joseph said in October last
year while requesting the senior bar leaders and bar council of India (BCI) to do something to retrieve the situation.*
*The Court noted that the events in the recent past had made concerns raised on the quality of legal fraternity more relevant. “It is a matter of moment for our profession. We need to introspect. Some people among us are
fighting, some are stoning, only few are arguing,” said the bench, also comprising Justices R Banumathi and UU Lalit.*
*Madras HC issues Guidelines to clean the Legal Profession: Bar Council of India shall not conduct the next Bar Council election,  after expiry of the present term in 2016, without prescribing minimum qualification like 20
years standing in the Bar or a Senior counsel,  who does not have any criminal case or criminal background for the candidates to contest Bar Council elections and till the verification of advocates is done as per “Bar Council of India Certificate and Place of practice (Verification) Rules 2015, by  entrusting  the functions to an expert body.*
*“Neither Legal Profession is an asylum for criminals Nor law Degrees are shields for their criminal activities ”.  Legal profession is blighted by the entry of criminal elements. It is seen from a number of cases coming up
before this court and also from media reports that persons with criminal background getting law degrees claiming to be advocates are indulging in criminal activities including conducting “Kangaroo Courts”, degrading and damaging the image of noble profession and for which we have to hang our heads down in shame”, said the court.*



 

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