RAVI BASAVARAJ vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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CRL.P No. 100680 of 2026
R
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ST
DATED THIS THE 1 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO. 100680 OF 2026
(407(Cr.PC)/447(BNSS))
BETWEEN:
1. RAVI BASAVARAJ
AGE.30 YEARS,
OCC. DRIVER,
R/O. NEAR COMMERCIAL TAX OFFICE,
RAGHAVENDRA COLONEY BALLARI,.
PERMANENT ADDRESS:
TH TH
11 WARD, 6 LIAN,
LINGARAJA CAMP,
GANGAVATHI, DIST. KOPPAL - 583 231.
2. VIJAY @ MAILARI
S/O HANUMANTAPPA
AGE.27 YEARS, OCC. LABOURER
TH
R/O. INDRA NAGAR, 15 WARD
GANGAWATHI, KOPPAL
PERMANENT ADDRESS:
TH TH
11 WARD, 6 LIAN,
LINGARAJA CAMP,
GANGAVATHI, DIST. KOPPAL - 583 231.
3. DHANARAJA @ LAXMANARAVA MARATHI
AGE.24 YEARS, OCC. LABOURER
Digitally
signed by
THEJAS
KUMAR N
Location:
HIGH
COURT OF
KARNATAKA
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R/O: HRS COLONY
GANGAVATHI, KOPPAL – 583 321.
PERMANENT ADDRESS:
HRS COLONY, GANGAVATHI
DIST: KOPPAL PIN:583231
4. BHIMA ALIYAS BHARATA
S/O KARIYAPPA
AGE.23 YEARS, OCC. LABOURER
TH
R/O. 17 WARD, AMARAGHAGATHA SING NAGAR,
GANGAWATHI, KOPPAL
PERMANENT ADDRESS:
HRS COLONY, GANGAVATHI
DIST. KOPPAL PIN. 583231
5. SALIM S/O MAHMAD RAFIK
AGE.21 YEARS, OCC. LABOURER
R/O. AMARAGHAGATHA SING NAGAR,
GANGAWATHI, KOPPAL
PERMANENT ADDRESS:
AMARAGHAGATHA SING NAGAR
GANGAVATHI
KOPPAL
6. GANGADHAR S/O BABURAVA GOULI
AGE.28 YEARS, OCC. DRIVER
RD
R/O. 23 WARD, GUNDAMMA CAMP,
GANGAWATHI, KOPPAL
PERMANENT ADDRESS:
RD
23 WARD, GUNDAMMA CAMP
GANGAWATHI, KOPPAL
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7. KARTHIK S/O DURGAPPA GODDBAL
AGE.23 YEARS, OCC. LABOURER
R/O. AMARAGHAGATHA SING NAGAR,
GANGAWATHI,
KOPPAL
PERMANENT ADDRESS:
AMARAGHAGATHA SING NAGAR
GANGAVATHI KOPPAL.
8. DADAFEER S/O ABDUL ROUF PRINCE
AGE.28 YEARS, OCC. LABOURER
R/O. RAGHAVENDRA COLONY, BALLARI
KOPPAL
PERMANENT ADDRESS:
RAGHAVENDRA COLONY, BALLARI
KOPPAL – 583 231.
9. MAHMAD ALTAF S/O MEHIBOOB PASH
AGE.18 YEARS, OCC. COOK
RAGHAVENDRA COLONY, BALLARI
KOPPAL
PERMANENT ADDRESS:
RAGHAVENDRA COLONY, BALLARI,
KOPPAL PIN – 583 231.
10. CHAITRA W/O RAVI
AGE. 28 OCC. HOUSE WIFE,
R/O: NEAR COMMERCIAL TAX OFFICE,
RAGHAVENDRA COLONY,
BALLARI
KOPPAL
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PERMANENT ADDRESS:
LINGARAJA CAMP, GANGAVATHI,
KOPPAL PIN – 583 231.
…PETITIONERS
(BY SRI. P P HEGDE, SR. COUNSEL A/W
SRI. SHEELAVANT VIJAY KUMAR
MAHESHWARAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY PSI GANGAVATHI TOWN POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD – 580 001.
2. HAMPANNA S/O AYYAPPA JANTAGAL
AGE, 55, OCC. LABOUR,
R/O. SUNAGAR ONI,
NEAR JAGADAMBA RICE MILL,
MURAKARI NAGAR,
GANGAVATHI – 583 231.
…RESPONDENTS
(BY SRI. GANGADHAR J M, AAG FOR R1(VC);
SRI. RAMESH B CHILAGARI, ADVOCATE FOR R2)
THIS CRL.P. IS FILED UNDER SECTION 407 OF THE
CRIMINAL PROCEDURE CODE AND SECTION 447 BNSS 2023,
PRAYING TO TRANSFER S.C. NO.5/2026 PENDING ON THE FILE
OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL
(SITTING AT GANGAVATHI) REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 189(2), 191(2), 191(3), 49, 56, 61(2),
103(1), 109(1), 249(B), 238, 190 OF BNS 2023 AND ETC.,
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THIS PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS AND COMING ON FOR PRONOUNCEMENT OF
ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CAV ORDER
This Court has passed order on 16.04.2026 in
Criminal Petition No.100680/2026 filed by the
accused/petitioners under Section 407 of Code of Criminal
Procedure (Cr.P.C) and Section 447 of Bharatiya Nagarika
Suraksha Sanhita, 2023 (B.N.S.S) rejecting the petition
filed for transfer of Sessions case in S.C.No.5/2026
pending on the file of I Additional District and Sessions
Court, Koppal, sitting at Gangavathi.
2. The prayer of the accused/petitioners for
transfer of Sessions case in S.C.No.5/2026 was rejected.
3. While passing the order as above stated, this
Court, by referring to the orders passed in the order sheet
in the proceedings of Sessions case observed that the
learned Advocate appearing on behalf of the accused had
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behaved in derogation of and hampered the dignity and
decorum of the Court. The Sessions Court, while dealing
with Sessions Case in S.C.No.5/2026 has made several
observations against the Advocate for the accused,
namely, Sri. S. Rangaswamy, and upon perusing the
orders passed by the learned Sessions Judge in his order
sheet maintained in the Sessions case, this Court found
that the said Advocate, Sri. S. Rangaswamy, had
threatened the Court virtually and tried to hamper the
Session case proceedings.
4. It is observed in detail in the order passed by
this Court. The learned Sessions Judge, in his order, has
named the Advocate, Sri. S. Rangaswamy, who had
misbehaved with the Court, which amounts to Criminal
Contempt of Court; therefore, based on the orders passed
by the learned Sessions Judge and what he has observed
in the proceedings of the Sessions case, this Court has
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initiated the proceedings against the Advocate, Sri. S.
Rangaswamy.
5. The operative portion of the order dated 16-04-
2026 in this case is extracted below for easy reference and
comprehension:
“ORDER
i) The petition is dismissed with cost of
Rs.1,00,000/- payable by accused Nos.1 to 9
and 12 to the District Legal Services
Authority, Koppal.
ii) The learned Sessions Judge/Presiding
Officer of the Court of I Additional District
and Sessions Judge, Koppal, sitting at
Gangavathi, shall continue the further
proceedings as per law and dispose of the
case as expeditiously as possible.
iii) For the reasons stated in the order, place
this matter before Hon’ble the Chief Justice,
High Court of Karnataka and also before the
learned Advocate General requesting to
consider initiating proceedings for criminal
contempt of Court against Sri S.
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Rangaswamy, Advocate, at the discretion of
the Hon’ble the Chief Justice and the learned
Advocate General.
iv) The Additional Registrar General is
directed to place this order before the
Karnataka State Bar Council, Bengaluru, to
take necessary action/initiate proceedings
against Sri S.Rangaswamy, Advocate, for his
misconduct as stated above.
v) The Chief Ministerial Officer of the Court
of the Court of I Additional District and
Sessions Judge, Koppal, sitting at
Gangavathi, is directed to file complaint
against Sri S.Rangaswamy, Advocate, for
the offence punishable under Sections 186
and 228 of the Indian Penal Code, 1860
(Sections 221 and 267 of the Bharatiya
Nyaya Sanhita, 2023) before the concerned
jurisdictional Judicial Magistrate First Class
Court, in whose jurisdiction the Court of I
Additional District and Sessions Judge,
Koppal, sitting at Gangavathi, is situated.
vi) The Additional Registrar General, High
Court of Karnataka, Dharwad Bench,
Dharwad, is directed to communicate
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operative portion of this order immediately
to the Court of Principal District and Sessions
Judge, Koppal and to the I Additional District
and Sessions Judge, Koppal, sitting at
Gangavathi, through e-mail, fax and official
telephone numbers of the Court of Principal
District and Sessions Judge, Koppal and to
the I Additional District and Sessions Judge,
Koppal, sitting at Gangavathi.”
6. While dealing with the criminal petition filed for
transfer, this Court has made observations regarding the
behaviour, conduct and mannerism of Advocate, Sri. S.
Rangaswamy of Advocates Association, Bellary in Session
case in S.C.No.5/2026 and therefore, the above said order
is passed to take action against the said Advocate.
7. Subsequently, the said Advocate, Sri. S.
Rangaswamy, requested the Court on 30.04.2026 to
expunge the order initiating the action against him. On the
request made by the said Advocate, this Court directed the
said Advocate to be present before the Court and file an
affidavit of apology.
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8. On 14.07.2026, Sri. P.P. Hegde, learned Senior
Counsel, and Sri. V.M. Sheelvanth, learned counsel
appearing on behalf of the Advocate, Sri. S. Rangaswamy,
requested to expunge the order of initiation of action
against the Advocate, Sri. S. Rangaswamy.
9. This Court heard the submissions of Sri. P.P.
Hegde, learned Senior Counsel, Sri. V.M. Sheelvanth,
learned counsel and also Sri. J.M. Gangadhara, learned
Additional Advocate General and also perused the affidavit
tendering the apology submitted by Sri. S. Rangaswamy
Advocate.
10. The submissions made by the learned counsel
and the aforesaid affidavit are placed on record.
11. Sri P.P. Hegde, learned Senior Counsel, and Sri
V.M. Sheelvanth, learned counsel appearing on behalf of
the accused/petitioners, have requested the Court to
expunge the remarks, as it hampers the advocate
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profession of Sri. S. Rangaswamy and requested to take
lenient view. In the matter, Sri. J.M. Gangadhara, learned
Additional Advocate General also submitted that the Court
may take lenient view as against Sri. S. Rangaswamy,
Advocate.
12. While passing the order on 16.04.2026 by
initiating the proceedings against Sri. S. Rangaswamy,
Advocate, the Court was initially reluctant to pass such an
order against the said Advocate, but upon perusal of the
orders of the learned Sessions Judge in Sessions case, the
Court, after deep thought, was compelled to pass such
order to protect the dignity and decorum of the District
Judiciary in the State. Hence, the Court was reluctant to
pass such an order against the said Advocate, but upon
perusing the orders of the Sessions Judge of the Sessions
Court and what the Sessions Judge has observed in the
order sheet, if this Court keeps silence, then certainly it
would perpetrate others to do similar acts as done by the
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said Sri. S. Rangaswamy, Advocate. Therefore, such
stringent order is passed.
13. The Presiding Officers in the District Judiciary,
though they are having Judicial powers, are in a vulnerable
position and cannot defend themselves; therefore, the
Presiding Officers are voiceless outside the Court. The
Presiding Officers in the District Judiciary can only make
observations in the order without expressing any opinion
in the open Court. Therefore, in this way, the Presiding
Officers in the District Judiciary are placed in a sensitive
situation and in a vulnerable position. Hence, this Court is
constrained to take action against the said Advocate, Sri.
S. Rangaswamy, to safeguard the dignity and decorum of
the Courts in the District Judiciary and also enable the
Presiding Officers in the District Judiciary to discharge their
work without any fear and favour. Hence, with this object,
the above said order was passed.
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14. Now, considering the submissions made by the
learned Senior Counsel, Sri. P.P. Hegde and learned
counsel, Sri. V.M. Sheelavanth, and also the affidavit filed
tendering the apology by Sri. S. Rangaswamy, Advocate,
the Court is of the opinion to take some leniency towards
Sri. S. Rangaswamy, Advocate, but before that, this Court
intends to remind all of us, namely, the Judges and
Advocates, what is the legal profession, as observed by
the Hon’ble Supreme Court and the Law Commission of
India. Here are the some of the judgments of the Hon’ble
Supreme Court, which describe the legal principles on
advocacy and legal professsion.
15. The Hon’ble Supreme Court in the case of
CHETAK CONSTRUCTION LTD. VS. OM PRAKASH AND
1
OTHERS , reminds the Lawyers and Judges of their duties
and functions and towards dispensation of justice. The
words expressed by the Hon’ble Supreme Court in the
above said case at paragraphs 16 and 17 should remind all
1
(1998) 4 SCC 577
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of us the duties of Lawyers’ and the Judges’ as to how
they are important in the voyage of justice. At paragraphs
16 and 17 their Lordships were pleased to observe as
follows:
“16. Indeed, no lawyer or litigant can be
permitted to browbeat the court or malign the
presiding officer with a view to get a favourable
order. Judges shall not be able to perform their
duties freely and fairly if such activities were
permitted and in the result administration of
justice would become a casualty and rule of law
would receive a setback.The Judges are obliged
to decide cases impartially and without any fear
or favour. Lawyers and litigants cannot be
allowed to "terrorize" or "intimidate" Judges
with a view to "secure" orders which they
want.This is basic and fundamental and no
civilised system of administration of justice can
permit it. We certainly, cannot approve of any
attempt on the part of any litigant to go
"forum-shopping". A litigant cannot be
permitted"choice" of the "forum" and every
attempt at "forum-shopping" must be crushed
with a heavy hand.
17. At the same time, it is of utmost
importance to remember that Judges must act
as impartial referees and decide cases
objectively, uninfluenced by any personal bias
or prejudice. A Judge should not allow his
judicial position to be compromised at any cost.
This is essential for maintaining the integrity of
the institution and public confidence in it. The
credibility of this institution rests on the
fairness and impartiality of the Judges at all
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levels. It is the principle of highest importance
for the proper administration of justice that
judicial powers must be exercised impartially
and within the bounds of law. Public confidence
in the judiciary rests on legitimacy of judicial
process. Sources of legitimacy are in the
impersonal application by the Judge of
recognised objective principles which owe their
existence to a system as distinguished from
subjective moods, predilections, emotions and
prejudices. Judges must always ensure that
they do not allow the credibility of the
institution to be eroded. We must always
remember that justice must not only be done
but it must also be seen to be done."
16. Further, the Hon’ble Supreme Court in the case
of MAHABIR PRASAD SINGH V. M/S. JACKS
2
AVIATION PVT. LTD. has follows
“18. Of course, it is not a unilateral affair. There is
a reciprocal duty for the court also to be courteous
to the members of the Bar and to make every
endeavour for maintaining and protecting the
respect which members of the Bar are entitled to
have from their clients as well as from the litigant
public. Both the Bench and the Bar are the two
inextricable wings of the judicial forum and
therefore the aforesaid mutual respect is the sine
qua non for the efficient functioning of the solemn
2
AIR 1999 SC 287
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work carried on in courts of law. But that does not
mean that any advocate or a group of them can
boycott the courts or any particular court and ask
the court to desist from discharging judicial
functions. At any rate, no advocate can ask the
court to avoid a case on the ground that he does
not want to appear in that court.”
17. Therefore it is observed that the judicial
function cannot and should not be permitted to be
stoneward by browbeating or bullying methodology either
it is by litigants or by counsel. Therefore, this Court is
constrained to make the above aforesaid observations
having regard to what it transpired in the Court while
conducting sessions trial in Session case.
18. A client engages an advocate for the purpose of
espousing and addressing his grievances. An advocate is
not an agent of his client, but he is dignified, responsible
spokesman. An advocate cannot step into shoes of his
client. The Court cannot satisfy both parties; one party
obviously being dissatisfied and the Advocate Sri. S.
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Rangaswamy, could not have stepped into the shoes of the
client to express his dissatisfaction as if it is his personal
case and ought not to have addressed the Court in the
conduct disrespecting the Court and undermining dignity
and decorum of the Court.
19. The Hon’ble Supreme Court in the case of
3
SANJEEV DATTA AND OTHERS VS. UNKNOWN has
observed at Paragraph No.20, as follows:
“20. The legal profession is a solemn and
serious occupation. It is a noble calling and all
those who belong to it are its honourable
members. Although the entry to the profession
can be had by acquiring merely the qualification
of technical competence, the honour as a
professional has to be maintained by its
members by their exemplary conduct both in
and outside the Court. The legal profession is
different from other professions in that what the
lawyers do, affects not only an individual but the
administration of justice which is the foundation
of the civilised society. Both as a leading
member of the intelligentsia of the society and
as a responsible citizen, the lawyer has to
conduct himself as a model for others both in his
professional and in his private and public life.
The society has a right to expect of him such
ideal behaviour. It must not be forgotten that
the legal profession has always been held in high
3
(1995) 3 SCC 619
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esteem and its members have played an
enviable role in public life.The regard for the
legal and judicial systems in this country is in no
small measure due to the tireless role played by
the stalwarts in the profession to strengthen
them. They look their profession seriously and
practised it with dignity, deference and devotion.
If the profession is to survive, the judicial
system has to be vitalised. No service will be too
small in making the system efficient, effective
and credible.’ ”
20. Further, the Hon’ble Supreme Court in the case
of INDIAN COUNCIL OF LEGAL AID AND ADVICE V.
4
BAR COUNCIL OF INDIA has observed at Paragraph
No.3, as follows:
“3. xxxxxxxxxx
It is generally believed that members of the
legal profession have certain social obligations,
e.g., to render 'probonopublico' service to the
poor and the under privileged. Since the duty of
a lawyer is to assist the court in the
administration of justice, the practise of law has
a public utility flavour and, therefore, he must
strictly and scrupulously abide by the Code of
Conduct behaving the noble profession and must
not indulge in any activity which may tend to
lower the image of the profession in society.
That is why the functions of the Bar Council
include the laying down of standards of
professional conduct and etiquette which
advocates must follow to maintain the dignity
and purity of the profession.”
4
(1995) 1 SCC 732
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21. Further, the Hon’ble Supreme Court in the case
of U.P. SALES TAX SERVICE ASSN. V. TAXATION BAR
5
ASSN. has observed at Paragraph No.11, as follows:
“11. It is fundamental that if rule of law is to
have any meaning and content, the authority of
the court or a statutory authority and the
confidence of the public in them should not be
allowed to be shaken, diluted or undermined.
The courts of justice and all tribunals exercising
judicial functions from the highest to the lowest
are by their constitution entrusted with functions
directly connected with the administration of
justice. It is that expectation and confidence of
all those, who have or likely to have business in
that court or tribunal, which should be
maintained so that the court/tribunal perform all
their functions on a higher level of rectitude
without fear or favour, affection or ill-will.
Casting defamatory expressions upon the
character, ability or integrity of the
judge/judicial officer/authority undermines the
dignity of the court/authority and it would tend
to create distrust in the popular mind and
impedes confidence of the people in the
courts/tribunals which is of prime importance to
the litigants in the protection of their rights and
liberties. The protection to the judges/judicial
officer/authority is not personal but accorded to
protect the institution of the judiciary from
undermining the public confidence in the efficacy
of judicial process. The protection, therefore, is
for fearless crucial process. Any scurrilous,
offensive, intimidatory or malicious attack on the
judicial officer/authority beyond condonable
5
(1995) 5 SCC 716
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limits, amounts to scandalising the
court/tribunal amenable to not only conviction
for its contempt but also liable to libel or
defamation and damages personally or group
libel. Maintenance of dignity of the court/judicial
officer or quasi-judicial authority is, therefore,
one of the cardinal principles of rule of law
embedded in judicial review, any uncalled for
statement or allegation against the judicial
officer/statutory authorities, casting aspersions
of court`s integrity or corruption would justify
initiation of appropriate action for scandalising
the court or tribunal or vindication of authority
or majesty of the court/tribunal. The accusation
of the judicial officer or authority or arbitrary
and corrupt conduct undermines their authority
and rudely shakes them and public confidence in
proper dispensation of justice. It is of necessity
to protect dignity or authority of the judicial
officer to maintain the stream of justice pure
and unobstructed. The judicial officer/authority
needs protection personally. Therefore, making
wild allegations of corruption against the
presiding officer amounts to scandalising the
court/statutory authority. Imputation of motives
of corruption to the judicial officer/authority by
any person or group of persons is a serious
inroad into the efficacy of judicial process and
threat to judicial independence and needs to be
dealt with strong arm of law.”
22. Further, the Hon’ble Supreme Court in the case
of LT. COL., S.J. CHAUDHARY VS STATE (DELHI
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6
ADMINISTRATION) has observed at Paragraph No.2 (to
be asked) as follows:
“2. We think it is an entirely wholesome practice for
the trial to go on from day-to-day. It is most expedient
that the trial before the Court of Session should
proceed and be dealt with continuously from its
inception to its finish. Not only will it result in
expedition, it will also result in the elimination of
manoeuvre and mischief. It will be in the interest of
both the prosecution and the defence that the trial
proceeds from day-to-day. It is necessary to realise
that Sessions cases must not be tried piecemeal. Before
commencing a trial, a Sessions Judge must satisfy
himself that all necessary evidence is available. If it is
not, he may postpone the case, but only on the
strongest possible ground and for the shortest possible
period. Once the trial commences, he should, except for
a very pressing reason which makes an adjournment
inevitable, proceed de die in diem until the trial is
concluded.
23. The aforesaid judgment is extracted herein in
the context of the Sessions Court having proceeded with
the trial on a day-to-day basis. However, the learned
counsel appearing for the accused has opposed the
conduct of the trial on a day-to-day basis. In the backdrop
of the aforesaid circumstances, the principle of law
6
1984 SCC (1) 722
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enunciated in the judgment referred to supra assumes
significance. Therefore, while bearing in mind the principle
of law laid down in the aforesaid judgment, it is also
relevant to take note of the fact that the direction to
conduct the Sessions Trial on a day-to-day basis has been
specifically adverted to and highlighted in the order of
proceedings during Session Trial.
24. Therefore, in the view of the principles of law
laid down by the Hon’ble Supreme Court as above stated,
it must also be remembered that an Advocate is an officer
of the Court and enjoys a special status in the society.
Advocates have obligations and duties to ensure the
smooth functioning of the judicial process. They owe a
duty to the clients, as the Advocate is an officer of the
Court, but not an agent of his client and is a duty bound to
assist the Court whenever he receives a brief. The
Advocate is a spokesman of the Court and it is his solemn
duty to co-operate and co-ordinate with the Court in the
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dispensation of justice. The Advocate shall not step into
the shoes of his client and shall not assume himself as if it
is his personal case. The Advocate must conduct the case
in the most dignified and courteous professional manner.
Legal profession is multi-dimensional in character. An
Advocate owes a duty to the Court, to his client and to
society. A case in the hands of an Advocate is not only his
personal brief, but a dispute is coming to the Court and
inviting the attention of the Court to resolve it and
ultimately, society will get the benefit of it. Hence, in this
sense, the legal profession is multi-dimensional in
character.
25. The Hon’ble Supreme Court in the case of
SUPREME COURT BAR ASSOCIATION VS. UNION OF
7
INDIA has observed at Paragraph Nos.79 and 80, as
follows:
“79. An Advocate who is found guilty of
contempt of court may also, as already noticed,
be guilty of professional misconduct in a given
7
1998 (4) SCC 409
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case but it is for the Bar Council of the State or
Bar Council of India to punish that Advocate by
either debarring him from practice or suspending
his licence, as may be warranted, in the facts
and circumstances of each case. The learned
Solicitor General informed us that there have
been cases where the Bar Council of India taking
note of the contumacious and objectionable
conduct of an advocate, had initiated disciplinary
proceedings against him and even punished him
for "professional misconduct", on the basis of his
having been found guilty of committing
contempt of court. We do not entertain any
doubt that the Bar Council of the State or Bar
Council of India, as the case may be, when
apprised of the established contumacious
conduct of an advocate by the High Court or by
this Court, would rise to the occasion, and take
appropriate action against such an advocate.
Under Article 144 of the Constitution "all
authorities civil and judicial, in the territory of
India shall act in aid of the Supreme Court". The
Bar Council which performs a public duty and is
charged with the obligation to protect the dignity
of the profession and maintain professional
standards and etiquette is also obliged to act "in
aid of the Supreme Court". It must, whenever,
facts warrant rise to the occasion and discharge
its duties uninfluenced by the position of the
contemner advocate. It must act in accordance
with the prescribed procedure, whenever its
attention is drawn by this Court to the
contumacious and unbecoming conduct of an
advocate which has the tendency to interfere
with due administration of justice. It is possible
for the High Courts also to draw the attention of
the Bar Council of the State to a case of
professional misconduct of a contemner
advocate to enable the State Bar Council to
proceed in the manner prescribed by the Act and
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the rules framed thereunder. There is no
justification to assume that the Bar Councils
would not rise to the occasion, as they are
equally responsible to uphold the dignity of the
courts and the majesty of the and prevent any
interference in the administration of justice.
Learned counsel for the parties present before
us do not dispute and rightly so that whenever a
court of record, records its findings about the
conduct of an Advocate while finding him guilty
of committing contempt of court and desires or
refers the matter to be considered by the
concern Bar Council concerned, appropriate
action should be initiated by the concerned Bar
Council in accordance with law with a view to
maintain the dignity of the courts and to uphold
the majesty of law and professional standards
and etiquette. Nothing is more destructive of
public confidence in the administration of justice
than incivility, rudeness or disrespectful conduct
on the part of a counsel towards the court or
disregard by the court of the privileges of the
bar. In case the Bar Council, even after receiving
'reference' from the court, fails to take action
against the concerned advocate concerned, this
court might consider invoking its powers
under Section 38 of the Act by sending for the
record of the proceedings from the Bar Council
and passing appropriate orders. Ofcoursethe
appellate powers under Section 38 would be
available to this Court only and not to the High
Courts. We, however, hope that such a situation
would not arise.
80. In a given case it may be possible, for
this Court or the High Court, the prevent the
contemner advocate to appear before it till he
purges himself of the contempt but that is much
different from suspending or revoking his licence
or debarring him to practice as an advocate. In a
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case of contemptuous, contumacious,
unbecoming or blameworthy conduct of an
Advocate-on-Record, this court possesses
jurisdiction, under the Supreme Court Rules
itself, to withdraw his privilege to practice as an
Advocate-on-Record because that privilege is
conferred by this court and the power to grant
the privilege includes the power to revoke or
suspend it. The withdrawal of that privilege,
however, does not amount to suspending or
revoking his licence to practice as an advocate in
other courts or Tribunals.”
26. Further, the Hon’ble Supreme Court in the case
of EX-CAPT. HARISH UPPAL VS. UNION OF INDIA
8
AND ANOTHER has observed at Paragraph No.44, as
follows:
“44. It is true that advocates are part and
parcel of the judicial system as such they are
the foundation of the justice-delivery system. It
is their responsibility of seeing that justice-
delivery system works smoothly. Therefore, it is
for each and every Bar Association to be vigilant
in implementing the resolution passed by the
Bar Council of India in its resolution has also
stated that the resolution passed by it would be
implemented strictly and hence, the Bar
Associations and the individual members of the
Bar Associations would take all steps to comply
with the same and avoid cessation of the work
except in the manner and to the extent indicated
in the resolution.
8
(2003) 2 SCC 45
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27. Down the memory lane, during the freedom
movement, when India was under British Rule, many legal
luminaries fought for freedom to liberate India from the
Britishers. Such a golden legal history is ours and in this
st
regard, the 131 Reports of the Law Commission of India,
while considering the subject “Role of the Legal Profession
in Administration of Justice” at Paragraph Nos.1.10 and
1.11, it is stated as follows:
“1.10. Although the establishment of the
Indian legal profession was originally a case of
'transfer of a western institution' brought about
by a foreign power to meet the exigencies of its
administration in India, it soon assumed the
leadership of national struggle for independence.
The profession played a stellar role in the
movement for independence. It acquired its
awareness because of its connection with British
democratic institutions through legal literature.
The Indian National Congress which led the
movement for independence became the rallying
ground for the legal luminaries of the time, such
as Gopal Krishan Gokhale, Lokmanya Bal
Gangadhar Tilak, Mahatama Gandhi, the Father
of the Nation, Motilal Nehru, Chittaranjan Das,
Dr. Rajendra Prasad, Sardar Vallabhai Patel,
Vithalbhai Patel, Pandit Jawaharlal Nehru and
many others. Most of them who survived
occupied positions of eminence in independent
India.
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1.11. It is uncontroverted that the
members of the Indian legal profession occupied
a vantage position in freedom movement.
Members of the legal profession acquired the
respectability of being leaders of thought and
society. Participation of the members of the legal
profession in the then socio-political stream was
also evidenced by growing participation of
Indians in the administration of various
Provincial Legislative Councils under the. British
Government's policy of granting limited
Provincial autonomy. Till the advent of freedom,
it cannot be gainsaid that the members of the
legal profession occupied a vantage position.”
28. The lawyers, in this clause have come to believe
that they are entitled to a special consideration distinct
from ordinary citizens because they have a nexus to
Courts and deal with the Judges directly, from day to day.
The Advocates are the pillars of administration of justice
and they are the officers of the Court. They facilitate the
Court in delivering the justice to the litigants. The Bar
Council of India and the State Bar Councils regulate the
legal profession.
29. The Hon’ble Supreme Court in the case of
DHANRAJ SINGH CHOUDHARY VS. NATHULAL
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9
VISHWAKARMA has observed that “The profession is a
noble profession. It is not a business or a trade. A person
practising law has to practise in the spirit of honesty and
not in the spirit of mischief-making or money-getting. An
advocate’s attitude towards and dealings with his client
has to be scrupulously honest and fair.”
30. The credibility and reputation of the profession
depends upon the manner in which the members of the
profession conduct themselves. The profession itself
requires safeguarding of high moral standards. The
Advocate, as an officer of the Court and the overwhelming
duty of the lawyer is to the Court, that’s all of his
profession and to the public. The Advocates must
remember that they are equal partners with the Judges in
the administration of justice. If the lawyers do not perform
their functions properly, it would be destructive of
democracy and the rule of law. “Law is no trade, briefs no
9
AIR 2012 SCC 628
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merchandise.” The Advocate, being an officer of the Court
has a duty to ensure smooth functioning of the Court.
31. Part VI, Chapter-II of the Bar Council of India
Rules under the Advocates Act, 1961, reads as follows:
“The preamble to the Standards of
Professional Conduct and Etiquette, Part VI,
Chapter-II of the Rules on Professional
Standards itself mentions about the conduct
expected from the Advocates. It makes
obligatory that an advocate shall, at all times,
comport himself in a manner befitting his status
as an officer of the Court, a privileged member
of the community, and a gentleman, bearing in
mind that what may be lawful and moral for a
person who is not a member of the Bar, or for a
member of the Bar in his nonprofessional
capacity may still be improper for an advocate.
Without prejudice to the generality of the
foregoing obligation, an advocate shall fearlessly
uphold the interests of his client and in his
conduct conform to the rules hereinafter
mentioned both in letter and in spirit. The rules
hereafter mentioned contain canons of conduct
and etiquette adopted as general guides; yet the
specific mention thereof shall not be construed
as a denial of the existence of other equally
imperative though not specifically mentioned.”
32. The Hon’ble Supreme Court in the case of BAR
10
COUNCIL, MAHARASHTRA VS. M.V. DABHOLKAR has
10
AIR 1976 SC 242
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observed at Paragraph No. 15 and 16 as follows: (to be
asked)
“15. Now to the legal issue bearing on canons of
professional conduct. The rule of law cannot be built
on the ruins of democracy, for where law ends
tyranny begins. If such be the keynote thought for
the very survival of our Republic, the integral bond
between the lawyer and the public is unbreakable.
And the vital role of the lawyer depends upon his
probity and professional lifestyle. Be it remembered
that the central function of the legal profession is to
promote the administration of justice. If the practice
of law is thus a public utility of great implications
and a monopoly is statutorily granted by the nation,
it obligates the lawyer to observe scrupulously those
norms which make him worthy of the confidence of
the community in him as a vehicle of justice —
social justice. The Bar cannot behave with doubtful
scruples or strive to thrive on litigation. Canons of
conduct cannot be crystallised into rigid rules but
felt by the collective conscience of the practitioners
as right:
“It must be a conscience alive to the proprieties and
the improprieties incident to the discharge of a
sacred public trust. It must be a conscience
governed by the rejection of self-interest and selfish
ambition. It must be a conscience propelled by a
consuming desire to play a leading role in the fair
and impartial administration of justice, to the end
that public confidence may be kept undiminished at
all times in the belief that we shall always seek
truth and justice in the preservation of the rule of
law. It must be a conscience, not shaped by rigid
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rules of doubtful validity, but answerable only to a
moral code which would drive irresponsible Judges
from the profession. Without such a conscience,
there should be no Judge”. [ Hastings, Hon John S.
: Judicial Ethics as it Relates to Participation in
Money-Making Activities — Conference on Judicial
Ethics, p. 8. The School of Law, University of
Chicago (1964)]
— and, we may add, no lawyer. Such is the high,
standard set for professional conduct as expounded
by courts in this country and elsewhere.
16. These background observations will serve
to size up the grave misapprehension of the law of
professional ethics by the Tribunal appointed by the
Bar Council of India. The disciplinary body,
acquitting everyone on non-violation of bounds of
propriety argued:
Rule 36 (of the Bar Council of India on Standards of
Professional Conduct and Etiquette) is as follows:
“An Advocate shall not solicit work or advertise
either directly, or indirectly whether by circular,
advertisements, touts, personal communications,
interviews not warranted by personal relations,
furnishing newspaper comments or procuring his
photograph to be published in connection with cases
in which he has been engaged or concerned....”
Hence, in order to be amenable to disciplinary
jurisdiction, the advocates must have (1) solicited
work (2) from a particular person (3) with respect
to a case. Unless all the three elements are
satisfied, it cannot be said that an advocate has
acted beyond the standard of professional conduct
and etiquette. It has been stated that the conduct of
the advocate concerned did not conform to the
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highest standards of the legal profession. It is not
that everybody must conform to the highest
standards of the legal profession. It is enough if an
advocate conforms to the standards of professional
conduct and etiquette as referred to in the rules.
*
He (witness Mantri) says further that 7 advocates
who are personally present today I have seen each
of them standing either on the ground floor, near
the lift or on the first floor either near the lift or in
the lobbies of the Esplanade Court and trying to
solicit work from the persons coming to the
Esplanade Court. This mere attempt to solicit is
nothing.
*
In order to be within the mischief of Rule 36, not
merely canvassing is enough, but canvassing must
be for a case with the person who had not till then
engaged a lawyer. There is nothing to show either
of these things; none of the persons who might
have been subjected to these solicitations as they
are stated, have been examined to prove the case.
Hence this evidence does not establish anything
within Rule 36 .... All that is necessary for us to see
is whether the three items referred to have been
complied with and we find that they have not been
complied with because we do not know what was
the nature of the communication, we do not know in
connection with which case the solicitation took
place and with whom the conversation took place.
Hence Mr Shertukde's evidence is not sufficient for
the purpose of taking any disciplinary action under
Rule 36.
*
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Mr Krishnarao v. Pathumdi is the first witness in this
case (case of Rai-singhani). He says: “I had seen
Kelawala, Mr Baria, Mr Raisinghani, Mr Bhagtani
approaching the people visiting the Court and
soliciting work from them.” This we have already
stated is far below the requirement required to be
proved under Rule 36 ... He says that he had seen
Mr Raisinghani approaching people and soliciting
work. He did not ascertain the names of the persons
who approached because it was not his business.
But as stated above, this evidence does not
establish the three elements required to be proved
under Rule 36 because we do not know what was
the personal communication between him and the
persons solicited. We do not know whether it related
to a case or not ... Then the next witness is Mr
Sitaram Gajanan Shertukde. In cross-examination
by Mr Raisinghani he says: “I have seen Mr
Raisinghani accosting people. I have seen Mr
Raisinghani snatching the papers from the hands of
the litigating public. I have seen this more than 10
times. The litigating public from whom the papers
were snatched did not say anything that there was a
fight between Mr Raisinghani and other lawyer over
the papers which were snatched. I did not contact
those persons from whom the papers were snatched
nor talked to them so he was not concerned with
this. Therefore his evidence cannot be sufficient.
(Emphasis ours)”
33. It is worthwhile to extract some Paragraphs in
the Article titled as “Duties and Responsibilities of
Advocates in India: An Analysis” authored by Dr.
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Naresh Lata Singla, Assistant Professor (C),
Department of Law, Ch. Devi Lal University, Sirsa
(Haryana) and Prof. (Dr.) Mukesh Garg, Department
of Law, Ch. Devi Lal University, Sirsa (Haryana) at
Paragraph No.2 under the caption as “Duties and
Responsibilities of Advocates” is elaborated and some
of them are as follows:
“2. Duties and Responsibilities of
Advocates:
Advocates have to observe multifaceted duties
and responsibilities in their professional life.
They have to follow the rules which are
provided under the Advocates Act, 1961. The
standards of professional conduct and
etiquettes are provided under the Bar Council
of India Rules and non-compliance of which,
would invite the application of Section 35 of
the Advocates Act dealing with punishment for
misconduct. The duties and responsibilities of
the advocates are discussed as under:
Advocate's Duties towards the Court: An
Advocate has the following duties towards the
court as per Advocates Act, 1961:
i. Act in a Dignified Manner: While presenting
the case and acting otherwise before a court,
Advocate should act in a dignified manner. He
should at all times conduct himself with self-
respect. However, whenever there is a proper
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ground for serious complaint against a judicial
officer, the advocate has the right and duty to
submit his grievance to proper authorities.
ii. Respect the court: An advocate should always
show respect towards the court. An advocate
has to bear in mind that the dignity and
respect maintained towards judicial office is
essential for the survival of a free community.
iii. Not communicate in private: An advocate
should not communicate in private to a judge
with regard to any matter pending before the
judge or any other judge. An advocate should
not influence the decision of a court in any
matter using illegal or improper means such
as coercion, breach, bribe etc.
iv. Refuse to act in an illegal manner towards the
opposition: An advocate should refuse to act
in an illegal or improper manner towards the
opposing counsel or the opposing parties. He
shall also use his best efforts to restrain and
prevent his client from acting in any illegal,
improper manner or use unfair practices in
any matter towards the judiciary, opposing
counsel or the opposing parties.
v. Refuse to represent clients who insist on
unfair means: An advocate shall refuse to
represent any client who insists on using
unfair or improper means. An advocate shall
exercise his own judgment in such matters.
He shall not blindly follow the instructions of
the client. He shall be dignified in use of his
language in correspondence and during
arguments in court. He shall not scandalously
damage the reputation of the parties on false
grounds during pleadings. He shall not use
unparliamentary language during arguments
in the court.
vi. Appear in proper dress code: An advocate
should appear in court at all times only in the
dress prescribed under the Bar Council of
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India Rules and his appearance should always
be presentable.
vii. Refuse to appear in front of relations: An
advocate should not enter appearance, act,
plead or practice in any way before a judicial
authority if the sole or any member of the
bench is related to the advocate as father,
grandfather, son, grandson, uncle, brother,
nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law,
daughter-in-law or sister-in-law.
viii. Not to wear bands or gowns in public places:
An advocate should not wear bands or gowns
in public places other than in courts, except
on such ceremonial occasions and at such
places as the Bar Council of India or as the
court may prescribe.
ix. Not represent establishments of which he is a
member: An advocate should not appear in or
before any judicial authority, for or against
any establishment if he is a member of the
management of the establishment. This rule
does not apply to a member appearing as
"amicus curiae" or without a fee on behalf of
the Bar Council, Incorporated Law Society or a
Bar Association.
x. Not appear in matters of pecuniary interest:
An advocate should not act or plead in any
matter in which he has financial interests. For
instance, he should not act in a bankruptcy
petition when he is also a creditor of the
bankrupt. He should also not accept a brief
from a company of which he is a director.
xi. Not stand as surety for client: An advocate
should not stand as a surety or certify the
soundness of a surety that his client requires
for the purpose of any legal proceedings.
Advocate's Duty to Opponents:
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i. Not to negotiate directly with opposing party:
An advocate shall not in any way
communicate or negotiate or call for
settlement upon the subject matter of
controversy with any party represented by an
advocate except through the advocate
representing the parties.
ii. Carry out legitimate promises made: An
advocate shall do his best to carry out all
legitimate promises made to the opposite
party even though not reduced to writing or
enforceable under the rules of the Court.
Advocate's Duty towards fellow
Advocates:
i. Not advertise or solicit work: An advocate
shall not solicit work or advertise in any
manner. He shall not promote himself by
circulars, advertisements, touts, personal
communications, interviews other than
through personal relations, furnishing or
inspiring newspaper comments or producing
his photographs to be published in connection
with cases in which he has been engaged or
concerned. The Madras High Court issued
directions to the Bar Council of India to issue
Circulars / Instructions / Guidelines to the
State Bar Councils to initiate disciplinary
proceedings for misconduct against the
Advocates advertising, soliciting works directly
or indirectly, whether by circulars,
advertisements, touts, personal
communication, interviews not warranted by
personal relations, furnishing or inspiring
newspaper comments or producing his
photographs to be published in connection
with case where he is engaged or concerned.
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ii. Sign-board and Name-plate: An advocate's
sign-board or name-plate should be of a
reasonable size. The sign-board or name-plate
or stationery should not indicate that he is or
has been President or Member of a Bar
Council or of any Association or that he has
been associated with any person or
organization or with any particular cause or
matter or that he specializes in any particular
type of work or that he has been a Judge or
an Advocate General.
iii. Not promote unauthorized practice of law: An
advocate shall not permit his professional
servicesor his name to be used for promoting
or starting any unauthorized practice of law.
iv. An advocate shall not accept a fee less than
the fee which can be taxed under rules when
the client is able to pay more.
v. Consent of fellow advocate to appear: An
advocate should not appear in any matter
where another advocate has filed a
vakalatnama or memo of appearance for the
same party. However, the advocate can take
the consent of the other advocate for
appearing. In case an advocate is not able to
present the consent of the advocate who has
filed the matter for the same party, then he
should apply to the court for appearance. He
shall in such application mention the reason
as to why he could not obtain such consent.
He shall appear only after obtaining the
permission of the Court.
Advocate's Duty towards Clients:
i. Bound to accept briefs: An advocate is bound
to accept any brief in the courts or tribunals or
before any other authority in or before which
he proposes to practice. He should levy fees
which is at par with the fees collected by
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fellow advocates of his standing at the Bar
and the nature of the case.Special
circumstances may justify his refusal to accept
a particular brief.
ii. Not withdraw from service: An advocate
should not ordinarily withdraw from serving a
client once he has agreed to serve them. He
can withdraw only if he has a sufficient cause
and by giving reasonable and sufficient notice
to the client. Upon withdrawal, he shall refund
such part of the fee that has not accrued to
the client.
iii. Not appear in matters where he himself is a
witness: An advocate should not accept a brief
or appear in a case in which he himself is a
witness. If he has a reason to believe that in
due course of events, he will be a witness,
then he should not continue to appear for the
client. He should retire from the case without
jeopardizing his client's interests.
iv. Full and frank disclosure to client: An
advocate should, at the commencement of his
engagement and during the continuance
thereof, make all such full and frank
disclosure to his client relating to his
connection with the parties and any interest in
or about the controversy as are likely to affect
his client's judgement in either engaging him
or continuing the engagement.
v. Uphold interest of the client: It shall be the
duty of an advocate fearlessly to uphold the
interests of his client by all fair and honorable
means. An advocate shall do so without
regard to any unpleasant consequences to
himself or any other. He shall defend a person
accused of a crime regardless of his personal
opinion as to the guilt of the accused. An
advocate should always remember that his
loyalty is to the law, which requires that no
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man should be punished without adequate
evidence.
vi. Not suppress material or evidence: An
advocate appearing for the prosecution of a
criminal trial should conduct the proceedings
in a manner that it does not lead to conviction
of the innocent. An advocate shall by no
means suppress any material or evidence,
which shall prove the innocence of the
accused.
vii. Not disclose the communications between
client and himself: An advocate should not by
any means, directly or indirectly, disclose the
communications made by his client to him. He
also shall not disclose the advice given by him
in the proceedings. However, he is liable to
disclose if it violates Section 126 of the Indian
Evidence Act, 1872.
viii. An advocate should not be a party to stir up
or instigate litigation.
ix. An advocate should not act on the instructions
of any person other than his client or the
client'sauthorized agent.
x. Not charge depending on success of matters:
An advocate should not charge for his services
depending on the success of the matter
undertaken. He also shall not charge for his
services as a percentage of the amount or
property received after the success of the
matter.
xi. An advocate should not misuse or takes
advantage of the confidence reposed in him
by his client.
xii. Not appear for opposite parties: An advocate
who has advised a party in connection with
the institution of a suit, appeal or other matter
or has drawn pleadings, or acted for a party,
shall not act, appear or plead for the opposite
party in the same matter.
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34. Further, the Hon’ble Supreme Court in the case
11
of SHAMBHU RAM YADAV VS. HANUM DAS KHATRY
has observed that the Advocates also owe duty towards
the society and it is held at paragraph No.1, as follows: (to
be asked)
“1. Legal profession is not a trade or business. It is
a noble profession. Members belonging to this
profession have not to encourage dishonesty and
corruption but have to strive to secure justice to
their clients, if it is legally possible. The credibility
and reputation of the profession depends upon the
manner in which the members of the profession
conduct themselves. There is a heavy
responsibility on those on whom duty has been
vested under the Advocates Act, 1961 to take
disciplinary action when the credibility and
reputation of the profession comes under a clout
(sic cloud) on account of acts of omission and
commission by any member of the profession.”
35. Further, in the case of MAHANT HAKUMAT
12
RAI V. THE CROWN it reminds us as follows:
“A lawyer should always conduct himself
properly in a court of law and exert his least at
all times to maintain the dignity of the court but
the court has also a reciprocal duty to perform
and should not only be discourteous to a lawyer
but also should try to maintain the lawyer’s
11
AIR 2001 SC 2509
12
AIR 1943 Lah 14
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respect in the eyes of his clients and the general
public with whom he has to deal in his
professional capacity.”
36. Further, the Hon’ble Supreme Court in the case
13
of R.D. SAXENA VS. BALRAM PRASAD SHARMA has
held as follows:
“In our country, admittedly, a social duty is
cast upon the legal profession to show the
people beckon (sic beacon) light by their
conduct and actions. The poor, uneducated and
exploited mass of the people need a helping
hand from the legal profession, admittedly,
acknowledged as a most respectable profession.
No effort should be made or allowed to be made
by which a litigant could be deprived of his
rights, statutory as well as constitutional, by an
advocate only on account of the exalted position
conferred upon him under the judicial system
prevalent in the country……”
37. HON’BLE SRI. V. KRISHNA IYER , FORMER
JUDGE OF HON’BLE SUPREME COURT has stated what
are the duties of lawyers, which reads thus:
“The lawyer shall be an instrumentality
of the Republic in securing to the whole
people as promised in the Preamble,
Justice, Social Economic and Political and
Fundamental freedoms and Rights
incorporated in Law India…
13
(2000) 7 SCC 264
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He uses the rule of law and moulds the
legal system so as to deliver to every
member of the populace, even the
humblest have/not and the depressed
pariah, his constitutional title to justice…”
38. Further, the Hon’ble Supreme Court in the case
14
of J.S. JADHAV V. MUSTAFA HAJI MOHAMAD YUSUF
has held as follows:
“Advocacy is not a craft but a calling; a
profession wherein devotion to duty
constitutes the hallmark. Sincerity of
performance and the earnestness of
endeavor are the two wings that will bare
aloft the advocate to the tower of success.
Given these virtues other qualifications will
follow of their own account. This is the
reason why the legal profession is regarded
as a noble one.”
39. After independence, when the Constitution
Assembly was constituted for drafting the constitution for
our country, many legal luminaries made significant
contributions and devoted their lives to framing of the
Constitution of India. Ultimately, what we are referring the
Constitution as Bhagadvad Gita is because of contributions
by advocates. There was a galaxy of eminent lawyers
14
AIR 1993 SC 1535
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during the pre-independence era and after post-
independence, some of the legal luminaries can be named,
such as Dr. B.R. Ambedkar, Lokamanya Balagangadhar
Tilak, Mahamathma Gandhi, Dr.Rajendra Prasad, Motilal
Nehru, Bolabai Desai, and many more who have given a
great contribution to the legal profession. Therefore, the
Advocates are pillars of democracy and administration of
law and justice.
40. The Advocates are integral part of the Indian
Judicial System; what we are enjoying the fundamental
rights and legal rights, as enshrined in the Constitution of
India and other statutes, and also by way of judicial
pronouncements, the Advocates’ contribution is
tremendous and immeasurable; therefore, the entire
country shall owe to the Advocates for their sacrifice and
devotion to the country.
41. It is not only the Advocates alone remind us of
all the principles. Also, the Judges have the duties towards
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the Bar and to society. Some of which, I quote here as
follows:
1. “Duty to allow Arguments Uninterruptedly
2. Judges should extend their helping and
Appreciative Hands towards beginners at
the Bar
3. Judges should Pay Equal Attention to all
Lawyers irrespective of their experience at
the Bar.
4. Bench should support and Ensure the
Independence of the Bar.
5. Fairness on the part of Judge.
6. The judge shall give respect to advocates
and litigants .”
42. Also, His Lordship Hon’ble Dr. Justice Shivaraj
V.Patil, Former Judge, Supreme Court of India, in His
Lordship autobiography “ TIME SPENT DISTANCE
TRAVELLED ” (Published by Sparsh Foundation, Fifth
Edition : August 2025 at Page Nos.389 and 390) has
reminded all of us how a Judge should be. His Lordship in
the said book has written a Chapter titled as “ Ten
Commandments for a Judge ”, which reads as follows:
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“ Ten Commandments for a Judge
I. To be a good judge, one must first be a good
human being.
II. Remember you are not divine but that divine
functions are assigned to you. These functions are
extraordinary and demand close attention and
sensitivity.
III. Your oath is your religion, be true to it; your
conscience is your watchman, obey it.
IV. Extend courtesy to others as you would expect it
from them. Be polite yet firm in your judgements.
V. Listen patiently and attentively to arguments; this
aids in better understanding and writing sound
judgments.
VI. Consider evidence and arguments carefully and
objectively; not doing so will have an adverse
impact on the verdict.
VII. Use technology but don't become its slave; don't
surrender your creativity, innovation, and original
thinking.
VIII. Do your best to decide cases early and deliver
judgements on the appointed date, keeping in
mind that litigants may have been waiting for a
long period.
IX. Endeavour to find out what is right and where
justice lies in a case and not merely who is right
between the parties.
X. Maintain good conduct both inside and outside the
court, respecting principles of justice and human
values.”
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43. “Conclusion:
Justice has been pictured in as Goddess of Justice
with open eyes holding scale in one hand and the
Constitution of India on the other hand. The scales
connote the weighing and balancing of rights and
privileges. The judge and the lawyer should remember,
first and foremost, that in weighing and balancing rights
and privileges they are building together a monument in
the Temple of Justice. At the same time we should follow
principles enshrined in the Constitution of India in letter
and spirit in our life.
This building is never-ending, for the process of
justice is never finished. It reproduces itself generation
after generation in ever-changing forms. In this
perspective, the lawyer and the judge are, together,
fashioning of tomorrow’s chronicle yesterday’s experiences
in the law; and their daily labours, though seeming at
times tedious, uninteresting, and unimportant, will
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ultimately play a part in the vast reaches of the future of
all mankind.”
44. Hence, with the above principles of law laid
down by the Hon’ble Supreme Court in various cases and
from the lives of legal luminaries, it is the duty of every
Advocate and Judge to constantly remind themselves,
every day of above principles to follow in their professional
life, either as an Advocate or as a Judge and keep in mind
that the Advocates and Judges are giving their own
contribution to nation-building is significant. Nation-
building is a continuous process for time immemorial for
centuries together. Through a well-merited legal brain, a
strong and vibrant nation can be built in achieving a
welfare State in the Country. Hence, this case shall remind
all of us and make us introspect what we are and what is
our contribution to society and to the nation. With this
object in mind, now I of the opinion not to take harsh
steps to Sri. S. Rangaswamy, Advocate, hoping that he
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would change his behavior in future in his professional life.
Therefore, the order dated 16.04.2026 in Criminal Petition
No.100680/2026, so far as taking action against Sri. S.
Rangaswamy, Advocate, is hereby recalled. Hence, the
actions to be taken, namely, initiating proceedings for
criminal contempt of Court, directing the Karnataka State
Bar Council to take action against the said Sri. S.
Rangaswamy, Advocate, and initiation of criminal
proceedings as per provisions of the Indian Penal
Code/Bharatiya Nyaya Sanhita, 2023, as the case may be
are hereby recalled.
45. The other orders, observations and texts in the
order dated 16.04.2026 are kept intact.
46. However, as a warning to the Advocate, Sri. S.
Rangaswamy, the Court is of the opinion to impose
nominal fine amount and other social action needs to be
directed to be performed by the said Sri. S. Rangaswamy,
Advocate.
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47. In the result, I proceed to pass the following:
ORDER
i. The affidavit of apology tendered by Sri.
S. Rangaswamy, Advocate, is accepted.
ii. The order dated 16.04.2026 passed in
Criminal Petition No.100680/2026 is
hereby recalled insofar as on the
following directions only are concerned:
a. Initiation of proceedings for
criminal contempt of Court against
Sri. S. Rangaswamy, Advocate.
b. Directing the Karnataka State Bar
Council, Bengaluru, to take
necessary action against the said
Sri. S. Rangaswamy, Advocate.
c. Initiation of criminal proceedings
under the provisions of the Indian
Penal Code/Bharatiya Nyaya
Sanhita, 2023, against the said
Advocate.
iii. All above three are hereby recalled.
iv. However, symbolically, the said Sri. S.
Rangaswamy, Advocate, is imposed fine
of Rs.1000/- payable to the District
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Legal Services Authority, Ballary, and
shall also plant 1,000 fruit bearing
saplings on any land belonging to the
Government or in any school/college
premises and maintain them by
providing water and fertilizer.
v. In view of the above observations, the
affidavit of apology is hereby accepted
and the above-said proceedings as
ordered on 16.04.2026 are dropped.
vi. The other observations orders and
findings in the order dated 16.04.2026
are kept intact.
vii. Sri.S.Rangaswamy, Advocate is directed
to file an affidavit of compliance of
directions issued at sl.no.(iv) above
stated, on or before 31.10.2026.
viii. Post this matter on 02.11.2026.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA, List No.: 19 Sl No.: 2