MANECK HOMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, Mr. Maneck Homi, has filed this application for renewal of his licence to practise as a pleader at Jamshedpur within the jurisdiction of this Court.

(2.) The petitioner got his degree of LL. B. from the. Bombay University in the year 1914. In 1917, he was enrolled as a pleader in the district of Surat. In 1926, he transferred his practice to Jamshedpur. During his stay at Jamshedpur, Mr. Homi became interested in labour activities. In 1929, he became the President of the Labour Federation of the workers of the Tata Iron and Steel Company Limited, Jamshedpur. In June, 1930, Mr. Homi was convicted under Section 506, Penal Code, and was awarded rigorous imprisonment for six months. His conviction and sentence were upheld up to this Court. In December, 1930, he was convicted under Sections 324/109 and 148/109, Penal Code, and sentenced to undergo rigorous imprisonment for one year and was further directed to pay a fine of Rs. 500/-. In February, 1932, he was convicted in another criminal case. This time his conviction was under Section 408 read with Section 477A, Penal Code. During this trial, he was awarded sentence of three years rigorous imprisonment and a fine of Rs. 1,000/-. In 1930-31, there was another criminal case against him in which he was convicted under Section 420, Penal Code, and awarded a sentence of one year's rigorous imprisonment by the Courts within the State of Seraikella. In November, 1935, Mr. Homi was released from jail having remained there since August 1930 to November, 1935. In 1936, he filed an application to the District Judge for renewal of his licence to practise as a pleader at Jamshedpur, but he did not pursue it. He thereafter, left for his native place in Bombay Presidency. In 1946, he was sent to America by the Government of India as an Indian delegate to the Iron and Steel Committee of the International Labour Organisation and stayed there for about a year. On 27-9-1948, Mr. Homi filed an application before the High Court for renewal of his licence. On 29-4-1949, this Court, on its administrative side, refused to renew his licence. Mr. Homi was, however, informed that it was open to him to move this Court on its judicial side. Thereafter, in 1953, Mr. Homi filed the present application.

(3.) Learned counsel for the petitioner contended before us that the conviction of his client was not due to his having committed any offence in connection with his professional career as a pleader. According to him, the several prosecutions were the outcome of his activities as the labour leader of the locality and were actuated by those who wanted to suppress his activities. Mr. Chatterji pointed out that the conviction of his client under Section 408/477A, Penal Code, was due to his having drawn an honorarium of Rs. 1,000/- per month without obtaining any sanction at a general meeting of the labourers. He next urged that though in Money Suit No. 2 of 1930, a decree for Rs. 17,000/- was passed against his client, nobody came forward to execute that decree. On the contrary, some time after his release from jail, Mr. Homi was re-elected as the President of the Federation which showed that the workers had not lost any confidence in him in spite of his previous conviction.