SIR JAMSHED BYRAMJI KANGA; ANANT VISHNU CHITRE Vs. KAIKHUSHRU BOMANJI BHARUCHA; PITAMBERDAS GOCULDAS MEHTA

JUDGEMENT

(1.) These are three petitions presented by the Advocate General to this Court asking that three barristers on the roll of this Court may be suspended and removed from practice or otherwise dealt with as this Court thinks fit in exercise of the disciplinary jurisdiction vested in the Court. There are also two reports made to this Court by District Judges under Sec. 26 of the Bombay Pleaders Act for the purpose of action being taken by this Court under Section 25 of the Act. We will deal first with the case of barristers.

(2.) It is not disputed that all three barristers were convicted by Presidency Magistrates under Section 17(1) and (2) of the Criminal Law Amendment Act (XXIII of 1932) in that they had been members, and assisted, and managed the operations, of the Bombay Provincial Congress Committee Emergency Council, an association declared unlawful by the Government of Bombay. All the barristers were sentenced to terms of imprisonment and fine. The petitions were referred to a Tribunal of the Bar Council appointed by the Chief Justice in accordance with the terms of Secs.10 and 11 of the Indian Bar Councils Act, 1926. The Tribunal, after exhaustive inquiry, reported that the barristers had been guilty of no misconduct within the meaning of Section 10 of the Indian Bar Councils Act. Mr. O Gorman, the President of the Tribunal, did not sign the report, but expressed his own opinion that the convictions of the barristers were evidence of misconduct within the meaning of the Act, and that the question whether such misconduct was of a nature to attract disciplinary action by the Court was not a matter for the Tribunal. The Tribunal was unanimous in finding that the barristers had acted from what they conceived to be patriotic motives, and that no moral turpitude was involved in their convictions.

(3.) Section 10(1) of the Indian Bar Councils Act provides that the High Court may reprimand, suspend or remove from practice any advocate of the High Court whom it finds guilty of professional or other misconduct.