B RAJESWAR REDDY Vs. K NARASIMHACHARI

JUDGEMENT

(1.) QUESTION :Whether calling for applications by the Metropolitan Sessions Judge or the Additional Metropolitan Sessions Judge for appointment in the post of Public Prosecutor/Additional Public Prosecutor would amount to soliciting the brief within the meaning of Rule 36 of the Bar Council of India Rules (hereinafter referred to as "the Rules") framed by the Bar Council of India and thereby would amount to professional misconduct or not is the question involved in these appeals.

(2.) FACTS : Pursuant to or in furtherance of the Government Memo N. 34548/Courts, A.2/2000-1, dated 30-9-2000, the Collector and District Magistrate, Hydrabad district sent a letter dated 30-10-2000 to the Metropolitan Sessions Judge, Hyderabad requesting him to send panels along with bio-data particulars for appointment to the posts of Public Prosecutor and Additional Public Prosecutors. In turn, the Metropolitan Sessions Judge by letter dated 15-12-2000, requested the II Additional Metropolitan Magistrate-cum-Chief Metropolitan Magistrate to suggest panels whereafter the Chief Metropolitan Magistrate put up a notice in the notice board calling for applications from the advocates who are eligible to be so appointed.

(3.) Upon scrutinising the applications received, a panel was prepared whereafter including the appellant herein and others in the panel. A writ petition, which was marked as Writ Petition No. 7600 of 2001, was filed by the unofficial respondents herein praying for the following reliefs : ......to issue an appropriate writ more particularly in the nature of writ of mandamus declaring the procedure adopted by the respondents consequent upon the Memo No. 34548/Courts. A.2/2000-1, dated 30-9-2000 issued by the 2nd respondent for the appointment of Public Prosecutors and Addl. Public Prosecutors in the Courts of respondents 3 to 7 as illegal and void and consequently direct the respondents to initiate fresh process for appointment of Public Prosecutors in the Metropolitan Sessions Courts, Hyderabad to be completed within a time-frame of three months.