Part A – Q – 1 Professional Ethics for an Advocate

Professional ethics are those set code or moral principles that govern a person's conduct in
a professional workplace or work life. In the legal profession, a lawyer must obey to
professional codes for fair dealing with the client and uphold the self-possession.It means a
code of rules which regulates the behaviour and conduct of a practicing lawyer towards
himself, his client, his opposite party, his counsel and of course towards the court. Ethics
means principles of behaviour which are applied to an ordinary citizen in the society shall be
the standards of morals for a lawyer too.
Professional ethics consist of those fundamental values on which the profession has been
built. Legal ethics is one of the professional ethics which lays down certain duties for the
observance of its members, which he owes to the society, to the court, to the profession, to
his client and to himself.
The practicing lawyer shall have the social responsibility and dignity of the legal profession
and high standard of integrity and efficient service to his client as well as for public welfare.
Professional ethics demands not to disclose any secrets of his client or indulge in any unfair
practice.

Q -2 Bar Bench Relations

The court hall where cases are conducted consists of two parts namely:
(i) The place where the judges sit is called as Bench
(ii) The place where the Advocate sit is called as Bar.

If good relation exists between exists between the judges and Advocates then delay in
rendering justice and high expences for getting justice can be very much reduced. To
strengthen the good relation both should have some good qualities and mutual
responsibilities.

Role of the Bar to Strengthen Bar-Bench Relation

To strengthen the Bar-Bench relation, the Advocates must take the following steps.
1. They should give the due respect to the judges and they must avoid speaking ill of
the judges and the judiciary.

2. They should help the judges in the trial of the cases by presenting the relevant law in
the correct and clear manner. They should never act in such away to irritate the
judges.

3. If the judges pronounces a wrong order, they should not criticize the judges. They
should try to set right the wrong order through appeal.
4. For getting favourable order they should not give pressure or influence the judges.

5. If the judges behavior is irritating and disrespect to the Advocates should not enter
in to a direct confrontation with the judge. Through the Bar Association the matter
 should be discussed with the judge in his chamber and shall request to avoid such
misbehaviour.

Role of the Bench to Strengthen Bar – Bench Relation

To strengthen Bar-Bench relation the Judges should follow and practice the following.

1. Judicial Respect
2. Patient Hearing
3. Impartiality
4. Avoidance of Interruptions
5. Proper Interpretation
6. Avoidance of Unreasonable Adjournments
7. Speedy Disposal
8.Avoiding Unwarranted comments
9.Knowing in Law
10. Independence
11. Integrity
12.Industriousness
13. Meeting of Judges and Lawyers

Q -3 Civil Contempt

S.2(b)defines the term `civil contempt ’.`It means (i)Willful disobedience to any
judgemaent,decree,direction,order,writ or other process of a court;or(ii)Willful breach of an
undertaking given to a court.

For taking action for civil contempt on the ground of willful disobedience of court order, it
should be established that the court which has passed the order has jurisdiction to pass
such order. Disobedience of an order passed without jurisdiction is not a Contempt must
prove that the court has no jurisdiction.

A willful breach of an unconditional undertaking given orally or in writing either in person or

through his Advocate will be treated as civil contempt. When undertakings are given orally ,
the court shall record it in the proceedings.

Breach of a compromise entered in the court cannot be treated as civil contempt. The
remedy in such cases is only a civil suit for specific performance of the promise.

Punishment:
S.12 prescribes the punishment for contempt. Court may award any one of the following
punishments.

(i) Simple imprisonment for a term which may extend to 6 months.

(ii) Fine which may extend to Rs.2000/-.
(iii)Both the punishment ie., Imprisonment and fine together.
Q – 4 Punishment for contempt

S.12 Prescribes the punishment for contempt of court.punishment is same for the
civil as well as the criminal contempt. If the charge of contempt of court is proved, the Court
shall award any one of the following punishment.

1.Simple imprisonment for a term which may extend to 6 months.

2.Fine which may extend to Rs.2000/-.
3.Both the punishments ie., imprisonment and fine together.

According to S.12(2),For contempt of court any one of the above mentioned

punishment alone can be given and not any other punishment alone can be given and not
any other punishment. But, in Delhi Judicial Services Association v. State of Gujarat (AIR
1991 SC 2176)the Supreme Court held punishment not mentioned in S.12 can also
be given for contempt of court.

In Re Vinay Chandra Mishra (AIR 1995 SC2348)the supreme court held that for
contempt of court committed by an Advocate, he shall be suspended from practice for a
fixed period or he shall be permanently restrained from practice.

The Supreme Court Bar Association has filed a review petition against this order. In which
the supreme court held that for contempt of court the court cannot cancel the Advocates
right to practice. But, he shall be suspended from practice for a fixed period.

For the civil contempt, normally fine alone will be imposed. If the court thinks that fine
alone is not a sufficient punishment then he shall be put in the civil prison instead of
ordinary imprisonment.

If the contempt of court is committed by a company in collusion of the Directors, Secretary

and other Managerical staff then shall be detained in the civil prison.

If the contempt is committed by a firm, then the punishment shall be enforced against the
partners of the firm.

Q – 5 – Defences in Contempt of Contempt

Defences in Criminal Contempt

S.3 to 7 deals with the defences avilable in Criminal Contempt. They are as follows:

1.Innocent Publication(S.3):
A person shall not be guilty of contempt of court if he had made any innocent publication of
any matter pending before a court without knowing that the mater is pending a
court. The person charge with contempt must prove that publication is made without
knowing that the Matter is pending in the court.
2.Publication Relating to a Decided Case (S.3(2)):
Publication about the decided case is not a contempt since the case is already decided by
the court, the publication is not going to interfere with the disposal of the case. that is why
it is not treated as contempt.

3.Distribution of publication without knowing that it contains contempt of court

Matter(S.3(3)):
If a person distributes and publication without knowing that it contains contempt of court
matter then it cannot be treated as contempt. If the publication does not contain the name
and address of the Author, publisher and printer then this defence cannot be used by the
person distributing such publications.

4.Fair and Accurate Reporting of Judicial Proceedings(S.4):

Fair and accurate reporting of judicial proceedings is not a contempt. This is because we are
following the principle of openness in the matter of administration of justice. The following
reporting of judicial proceedings though it is fair and accurate it will be treated as contempt
of court.

1. Reporting of the proceedings against any law which is in force.

2. Reporting of the proceedings when the court has prohibited the reporting in the interest
of the general public.
3. Reporting of the proceedings conducted in the judges chamber in the interest of defence
of public order.
4. Reporting of information relating to secret process, discovery or invention which is an
issue in the case.

5. Fair Criticism of Judicial Act(S.5):

A proper and fair comment on a decision is not a contempt of court. Criticism is permitted
to the extent where it does not interfere with the administration of justice. So, it is open to
any one to express fair, reasonable and legitimate criticism of a judicial decision.

6. Bonafide Complaint against the Presiding Officers of a subordinate court(S.6):

A bonafide complaint made in good faith against the presiding officer of a subordinate court
to the higher authorities, who have control over such subordinate court, is not a contempt.

7. No Substantial Interference with the Administration of Justice:

It means an act which is technically a contempt but such act does snot substantially
interfere with the administration of justice. For such acts no punishment is awarded.

Defences in the Civil Contempt or Civil Contempt not Punishable

Following are some of the important defences available to a person charged with civil
contempt.

1. Disobedience of the Order is Not Willful:

If the disobedience of the order is accidental or which is not willful then it’s a good
defence in a civil contempt proceedings.
2. The Order Passed Without Jurisdiction:
If the order passed by the court is without jurisdiction then the disobedience or violation
of such order cannot be treated as contempt of court. An order passed without jurisdiction
is void, hence it won’t bind any person. The person charged with contempt must prove that
the court has no jurisdiction to pass such order.

3. Order Disobeyed is Vague or Ambiguous:

An order is treated as vague if it is not clear, specific and complete. For violation of such
order contempt proceedings cannot be taken.

4. Order Involves More than One Reasonable Interpretation:

If the order of the court involves more than reasonable interpretation, and one
interpretation is adopted by the party and acted in accordance with such interpretation
then he cannot be held liable for contempt of court for not following the order
interpretation.

5. Compliance with the Order is Impossible:

Impossibility means that the implementation of the order is practically not possible,
impossible is different from mere difficulty. Mere difficulty is not a defence. The person
charged with contempt must prove the impossibility of compliance with the order.

In Amar Singh v.K.P Geatha Krishnan(1993,I SCR 465)the court has passed on order to give
some benefits to the retired employees. This order was not implemented. In the contempt
proceeding it was argued that the implementation of the order involves huge expenditure
hence compliance with the order is impossible. The court has not accepted this defence.

6.No Knowledge of the Order:

A person cannot be held liable for civil contempt, if he has no knowledge about the order. If
he has knowledge about the order, through it is not officially communicated to him, then he
cannot put this defence for violation of the order

Part B

Q – 6 – Baswarooponi v.Babulalsoni Case Law

Baswarooponi v.Babulalsoni BCI DC Appeal No.25/1992

Babulalsoni is the father of Balswaroopsoni. He filed a complaint against his son alleging
professional misconduct before the Madhya Pradesh Bar Council. The allegations are as
follows:

1. A criminal case under S.307 I.P.C. is pending against him.

2. while appearing as a defence counsel for one munna in a criminal case No.125/89 he has
introduced his own brother as Dwarha Pradesh and arranged him to stand as surety for
munna.
3. He has withdrawn a sum of Rs.1500 deposited in the court in the name of Babulalsoni in a
civil case without his consent.

Before the State Bar Council, Babulalsoni personally appeared and produced certain
documentary evidence in support of his case but the present appellant did not appear
though many chances are given to him. Finally the Bar Council held that Balswaroopsoni is
guilty of professional misconduct and passed an order removing his name from the
Advocates Roll.

Against this order Balswaroopsoni filed an appeal the Bar Council of India. In the appeal he
denied all the allegations against him but, failed to produce any documentary evidence in
his support.

Regarding the second allegation he took a defence that munna brought one person and
introduced him as Dwarakha Prasad. Believing Munna’swords only he also introduced him
to the court as Dwarakha Prasad. This defence was not accepted by the Bar Council of India
because Balswaroopsoni knows that the person brought by Munna Dwarakha Prasad.

Regarding the third allegation he took the defence that he is also one of the plaintiff in the
said case and his father has given power to withdraw that amount of Rs .1500/.But no
documentary evidence in support of this difference was produced by him.

After hearing the parties, the Bar Council of India reduced the punishment and suspended
him from practice for a period of 5 years.

Q – 7 - Supreme court Bar Associatin v. union of India (AIR 1998 SC 1995)

Case Law

V.C.Mishra, then the Chair Man of the Bar Council of India was punished by the Supreme
court for contempt of court and he was suspended from the practice for a period of 3 years.

The charges against him was that in the court by using insulting, disrespectful and
threatening language he has threatened the judges. His act has hurt the judges and he has
acted in such way to abstruct the course of justice.

The Supreme Court Bar association challenged this order and raised the following issues.

1. The Supreme Court while dealing with the contempt proceedings cannot suspend
Advocate from the practice.
2. Bar Council alone can pass the order suspending an Advocate from practice.
3. For professional misconduct original jurisdiction is vested with the Bar Council.
4. Supreme court vested with only appellate jurisdiction to hear the appeal against the
order of the Bar Council of India.
5. Art. 129 of the constitution does not confer any original Jurisdiction to the Supreme court
in the matters of professional misconduct.
The main question before the court was whether for contempt of court committed by an
Advocate the Supreme Court can pass an order suspending his practice for a specified
period.

The Constitution bench of the Supreme Court allowed the petition and issued the following
orders.

1. Supreme court’s power to punish for contempt is quite wide, yet it is limited.
2. In the contempt of the court proceedings, the court cannot simultaneously enquire into
the professional misconduct also by adopting summery procedure.
3. Professional misconduct should be enquired only by following the prescribed procedure
mentioned in the Advocates Act.
4. Supreme court can award punishment only for contempt of court and not for professional
misconduct.
5. For the contempt of the court, simple imprisonment of 6 weeks is given.
6. This punishment is suspended for 4 years.
7. The punishment shall be activated, if V.C. Misra again indulges in any other act of
contempt of court within the said period of 4 years.