ADVOCATE GENERAL OF BOMBAY Vs. PHIROZ RUSTOMJI BHARUCHA

JUDGEMENT

(1.) Their Lordships after hearing these petitions came to-the conclusion that in none of them were the circumstances such as to justify them in advising His Majesty to grant special leave to appeal, and they gave expression to that conclusion.

(2.) Their Lordships now propose to state in a few words certain considerations. which were present to their minds in reaching their decision.

(3.) It is plain that the learned Judges of the High Court held that the fact that the advocates concerned had been convicted of a criminal offence was evidence of their misconduct within the meaning of Section 10(1) of the Indian Bar Councils Act and that this misconduct, though not committed in their professional capacity, entitled the Court to take disciplinary action against them. With this view their Lordships agree. The learned Judges, in the exercise of their statutory discretion, then proceeded to consider whether in the circumstances the misconduct so proved called for any disciplinary action whether in the nature of reprimand, suspension, or removal from practice. The learned Judges decided that it did not. So interpreted, the action of the High Court in thus exercising their discretion is not such as His Majesty can be advised further to consider.