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Punjab and Haryana high court takes judicial note of ‘disregard’ to legal ethics
The Punjab and Haryana high court has taken judicial note of “disregard” to legal ethics, which came to light in a petition filed seeking quashing of a criminal case
The Punjab and Haryana high court has taken judicial note of “disregard” to legal ethics, which came to light in a petition filed seeking quashing of a criminal case.
The court was hearing a plea seeking quashing of an FIR registered at Nawanshahar city in SBS Nagar, Punjab, for criminal intimidation, voluntary causing hurt and rioting .
During the hearing, The counsel of the accused sought withdrawal of the petition and it came to light that the petitions had been filed earlier too, but they were also withdrawn. However, the fresh plea was filed without disclosing the filing of previous petitions. The court observed that the counsel for the petitioners has not been able to justify why this fact was concealed. The court took a judicial note of the incident “to explore the unattended areas of legal ethics pertaining to duty of an advocate towards the court and his client”.
“...This court, at this stage, deems it necessary to take a judicial cognisance of such practices. The subject of legal ethics has hitherto been ignored, but the duty of an advocate towards the court and his client is of utmost importance for the survival of the Institution itself,” the bench of justice JS Puri observed.
“Although the present petition has been withdrawn, but the proceedings will continue only to a limited extent of getting suggestions from various corners for the purpose of streamlining the system. There are various other areas including legal ethics which need to be addressed at macro level,” the bench said, while appointing senior advocate Anupam Gupta as amicus curiae in the matter and also requested chairman, Bar Council of Punjab and Haryana, and president, Punjab and Haryana High Court Bar Association, to give their suggestions.
