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SC Criticizes Lawyers' Misconduct In Kathua Case: Know What Is Misconduct

When the whole country is shaken by the heinous crime took place in Kathua by eight perpetrators, the lawyers of Jammu and Kashmir Bar Council passed a resolution to protest against any action to be taken on the perpetrators. They prevented the police from filing the charge sheet and threatened the advocate on the victim's family's side to murder. The Supreme Court took suo moto cognizance on the matter and took the protest as professional misconduct. Let us know what is professional misconduct.

Supreme Court on a serious note took cognizance regarding the matter of lawyers obstructing judicial process in the Kathua gangrape and murder case and initiated a case on its own. The Apex court is of opinion that it is the duty of the lawyers not to obstruct the judicial process, or prevent the advocate from representing the accused or the victims’ family in the court. 

The Supreme Court took suo moto cognizance of the matter after a number of lawyers pointed out that the advocates at Kathua district obstructed police from filing of charge sheet in the court. A group of lawyers also claimed that the advocate who is representing the victim’s family is also given threats and obstructed from appearing in the court. The Supreme Court also took the note that the Jammu High Court Bar Association passed the resolution to protest and not to attend the court, and commented on that it is solemn duty of the bar to not create any obstruction.

Standing Counsel for Jammu and Kashmir, Shoeb Alam informed that the court the police have registered a FIR against some lawyers for attempting to prevent the police to file the charge sheet against the eight accused in the case. The incident is referred as an unfortunate decision taken by the local bar who supported the alleged in raping and murdering an eight year old.

To have a brief idea regarding the misconduct by the lawyers, check below -

  • Professional misconduct include - professional negligence, misappropriation, contempt of court and improper behaviour before a Magistrate, forcing the prosecution witness not to say the truth etc.
  • Sec. 35 of the Advocates Act 1961 says that in case of any misconduct, the matter shall be referred to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the advocate and the Advocate General of the State. 
  • On found guilty, the lawyer may lose his/her license, or get suspended for a time period as required, or his/her name shall be removed from the state roll of advocates.

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Reviewed by:
Rashmita Das
Published on 16-Apr-18

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