Himachal Pradesh High Court on Friday criticized a lawyer for his professional misconduct.
The Bench of Justices Tarlok Singh Chauhan and Jyotsana Rewal Dua observed- “The legal profession is known to be a noble profession. A person who is practicing law is expected to practise it with full honesty and not in the way of committing any type of mischief or making money through any unprofessional manner.”
The Court also stated that attesting the affidavit is not an empty formality.
The Court said that even if the accused was not present in the country when the petitions on his behalf were submitted before the Court, the affidavit submitted by him mentions that it was attested at Shimla. This was done by the accused’s counsel in order to show his physical presence for obtaining unfair advantages from the Court. The Court further stated that the lawyer also misled the Oath Commissioner who attested the affidavit who believed on the fact told by the lawyer that his client is there outside the court premises because he was not allowed to come inside the Bar Room due to Covid 19 prevention guidelines.
The lawyer submitted unconditional apology for his conduct, but the bench took reference of several judgments with the same issue of professional misconduct by the lawyers.
“ It is important to know that practice of law is not similar to any other business or profession because it involves double duty- firstly a primary duty towards the court and secondly a duty as a litigant who holds a right to present his client before the court. If the lawyer fails to follow his duties with full nobility, it will result in losing the peoples’ faith in law and thus, unprofessional misconduct must be treated with seriousness. “The Court observed while declaring that the lawyer must be punished for his misconduct. However, he will not be punished with a harsh punishment as he apologized for his behaviour. He has to pay One Lakh Rupees for wasting the valuable time of the Court. He will also pay Rs 50,000 to Oath Commissioner and Rs. One Lakh to the other lawyer who was unreasonably dragged into this matter.