JOHNY C D Vs. BAR COUNCIL OF KERALA

JUDGEMENT

(1.) Petitioner is an Advocate enrolled on the rolls of the 1st Respondent, the Bar Council of Kerala. He appeared as the counsel for the accused in Crime No. 714/06 of Kalamasserry Police Station before the Judicial First Class Magistrate Court, Aluva. On the allegation that he demanded Rs. 35,000 as bribe for the Magistrate and the Assistant Public Prosecutor to secure bail for the accused in the aforesaid case and that the aforesaid conduct of the Petitioner is a professional misconduct as defined in Section 35 of the Advocates Act, suo motu proceedings were initiated by the 1st Respondent Bar Council.

(2.) Accordingly, the Bar Council referred the proceedings to the Disciplinary Committee on 21/09/09. On receipt of the reference, on 29/10/09, the Disciplinary Committee issued notice to the Petitioner, posting the proceedings to 21/11/09 for his appearance. Accordingly, Petitioner appeared before the Disciplinary Committee and the proceedings are pending.

(3.) It is during the pendency of the aforesaid proceedings, this writ petition has been filed, mainly contending that further continuance of the proceedings before the Disciplinary Committee of the 1st Respondent is in violation of the provisions contained in Section 36B of the Advocates Act. On this ground, Petitioner contends that the proceedings before the Disciplinary Committee are void. He also seeks to quash the order dated 30/05/2010 of the Disciplinary Committee appointing the 3rd Respondent as the counsel for the Bar Council in the aforesaid proceedings.