ARCHIT GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GREAT Saint and poet Shri Tulsi Dasji in his monumental mythological treatise 'Shri Ramcharitmanas' (Ayodhya Kaand, 171 second line) has stated through the sage Vashisthji that loss and profit, life and death, fame and infamy all are in the hands of providence.

(2.) THE Bar Council of India has framed Rules know as "The Bar Council of India Rules, 1975" under its Rule making power derived under the Advocates Act, 1961. Under Part IV, Chapter 2 of 1975 Rules framed under Section 49(1)(c) of the Act read with the proviso thereto, the Bar Council has laid down the "Standards of Professional Conduct and Etiquette." The Bar Council of Punjab and Haryana is a statutory body under Section 3(1)9(d) read with Section 37 of the Advocates Act, 1961 of which the noticee Shri C.M. Munjal is the Chairman, who adjudges the standard of professional conduct of any advocate on receipt of complaints against them. Thereby his responsibility is much more onerous as compared to other advocates.

(3.) ON 2.11.2004, this case was listed at Serial No. 236 in the Court of M.M. Kumar, J. The Advocate General entrusted this case to be conducted by Shri K.K. Beniwal, Deputy Advocate General (Punjab). At about 11.00 A.M. Shri Munjal asked Shri Beniwal to hand over brief of this case to him. Shri Beniwal handed over the brief to him. According to the learned Advocate General it was done so on his direction though made orally. The case could not be called out as it was down in the list. Shri Munjal, however, prepared the following note on the Police file of the case :-