The Delhi bar council complaint against the December 16 rape convicts’ lawyer AP Singh was transferred to the BCI, which on Saturday issued a show-cause notice to Singh, reported the Hindu.
Singh had made sexist remarks to the media outside the Saket trial court that had convicted his clients, claiming that he would burn his daughter alive were she to be found having premarital sex or going out at night with a boyfriend. He later claimed that he was provoked into his remarks.
The BCI is examining whether his comments can attract the charge of “professional misconduct” under Section 35 of the Advocates Act.
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I.e., if my personal views are so abhorrent that it makes the average punter think less of lawyers as a whole, then I could be stripped of my lawyerhood (in the UK at least).
Will be interesting to see how this case plays out...
Accordingly, what is "misconduct" in E&W may not be "misconduct" in India. The SRA and the COB Rules make it clear that conduct that is not worthy of a solicitor may lead to disqualification. However, the (Indian) Advocates Act and the Rules have no equivalent provision and it only lists certain duties toward court, clients, other members of the bar, etc. See this link for full list: www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/. Thus, Indian lawyers do not need to worry about the "average punter"!
Also, India's Constitution does not permit any "authority" to exercise discretion and if the Parliament provides any discretionary power, it must lay down the guidelines and limits for exercising discretion. My grouse is that the BCI has not clarified how the lawyer has committed misconduct under the existing rules! You think his conduct breaches any of the duties listed in the link I have referred?
Good answer. LI should get a lawyer to edit the stories before publishing.
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