PTI reported that Supreme Court justices Dipak Misra and Prafulla C Pant rejected a PIL filed by Prashant Bhushan with his father, senior counsel Shanti Bhushan, appearing:
seeking registration of an FIR against former apex court judge and Press Council of India Chairman Justice C K Prasad for allegedly passing some inappropriate orders in a civil appeal during his tenure as a judge, saying if such pleas are taken up it will “open dangerous doors”.
The bench found that the Lalita Kumari guidelines - requiring police to compulsorily register an FIR in certain cases - should not apply on the present facts to judges. The Bhushans alleged that:
Justice Prasad, during his tenure as Supreme Court judge, passed an order directing listing of a civil appeal before him which was previously pending before another bench.
Comments
A judge recuses from a case where conflict of interest is involved. What about lawyers? Are they estopped from appearing in matters such as where family members are involved or they are holding shares of a company they are arguing for? Please clear the air.
First, Shanti Bhushan didn't represent Prashant Bhushan. They appeared together as petitioners.
Secondly, no, it would not be contempt or violation of any ethics. I do not understand why representing a fellow in court would be a 'conflict of interest'. When one is allowed to represent oneself, I don't think why one shouldn't be allowed to represent a company they are a shareholder of.
Thirdly, even if it is a violation of ethics, we lawyers don't really care for ethics, do we?