(1.) An application under Section 439 Cr. P.C was filed for grant of bail by, Shaitan Singh in a case under Section 302, I.P.C. through Shri M.M. Singhvi, Advocate. Opposing his appearance as an Advocate, Shri S.D. Rajpurohit, counsel for the applicant, contended that as his son is a Judge in the Rajasthan High Court, he was debarred from filing the application and pleading on his behalf in the High Court. He relied on Rule 6 of the Bar Council of India Rules.
(2.) Rule 618 published in Gazette dated 21.8.1965, reads as under:
(3.) The learned counsel for the applicant urged that Rule 6 puts a complete bar on an advocate whose son is a Judge in the Court from accepting appearance on behalf of one of the sides. He contended that the object behind the bar is to secure to all citizens fair justice guaranteed in the Preamble of the Constitution.