BALRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SESSIONS Trial no. 198/2009 (State of M. P. Vs. Hiralal) and SESSIONS Trial no. 653/2008 (State of M.P. Vs. Gopal and others) are pending in the Court of 9th ASJ, Ujjain. The same public prosecutor/additional public prosecutor is appearing in these cases, which is against the criminal jurisprudence. The same Govt Lawyer is appearing in both the cases and examining all the witnesses which is illegal, as one defence lawyer cannot proceed in both the cases at the stage of final arguments because one party is aggressor even then the public prosecutor has to support both the cases, hence it has been prayed that suitable directions be issued in the interest of justice.

(2.) HEARD the learned Panel Lawyer on the issue.

(3.) WHEN the Counsel has already been consulted by one party to the litigation and he has given him his opinion, it is improper for him later on to appear for the opposite party, firstly, because such a position will force him to the unedifying spectacle attacking his own opinion which would embarrass him in the discharge of his duty, and secondly, because it is possible that the client in taking his opinion may have disclosed confidential information which the advocate is duty bound not to use to his detriment. But if the client himself refuses to retain him, then the advocate is at liberty to appear for the opposite side but the confidential information obtained must not be used, and if that it is found impossible, then he should forgo the chance of appearing on the opposite side. iii) An advocate is representative of his client and not his mouthpiece :- He is governed by the rules of his professional etiquette and is not to act according to the whims of his client merely because it suits the latter's wishes. Even if the client's interest so requires, he will not knowingly misstate the law, or willfully misstate the facts or tutor witnesses, or fabricate or tamper with documents, or make reckless allegations in the pleadings, or put in pleas which are known to be false, or put in a forged document or produce a perjured witness.