GOHEL HIMATSINGH LAKHAJI Vs. PATEL MOTILAL GARBARDAS

JUDGEMENT

(1.) This revision petition raises an interesting question as to whether an accused can appear as a lawyer for the co-accused.

(2.) The short facts of this petition are as under; The petitioner Gohel Himatsingh Lakhaji is the complainant who has filed a complaint for defamation against six accused. The first four accused were the original accused in another criminal case No. 1798/1962 and at that time the complainant was examined as a witness. In that criminal case accused Nos. 3 and 6 had appeared for those four accused and had cross-examined the complainant. The complainant alleges that those questions which were put to him were defamatory and therefore he has filed the present complaint against the four accused and the two lawyers accused Nos. 5 and 6. Accused No. 5 Patel Rambhai Fakirbhai was the lawyer who had put these questions which are alleged to be defamatory and accused No. 6 Patel Kanubhai Jesangbhai was the other lawyer instructing accused No. 5. During the present complaint these two lawyers accused Nos. 5 and 6 in the present complaint filed their Vakalatnama for accused Nos. 1 2 and 4. The complainant therefore raised an objection that the two accused Nos. 5 and 6 who were themselves accused persons could not appear as lawyers for the co-accused. The learned Judicial Magistrate at Borsad was of the view that it was the right of the accused to select their lawyers and the Court could not interfere unless the party was unwilling to continue them as their lawyers. As no provision of law was cited before the learned Magistrate he had dismissed the application of the complainant. The complainant has therefore filed the present petition against the said order. I am told by Mr. Patel who appeared for the two lawyers-accused No. 5 and 6 that accused No. 5 is now dead and he appears only for accused No. 6 Patel Manubhai Jesangbhai.

(3.) When the matter came up for hearing as the matter involved an important question regarding the rights of lawyers I issued a notice to the Bar Council and Mr. Thakore has appeared for the Bar Council.