STATE BAR COUNCIL'S POWER TO PUNISH MISCONDUCT BY ADVOCATES

INITIATING PROCEEDINGS:The State Bar Council can punish advocates for misconduct under the Advocates Act (Section 35). This happens upon receiving a complaint or suspecting an advocate's wrongdoing.The Council then refers the case to a Disciplinary Committee for investigation.

Complaints and Reassignments:

• Complaints must be filed as petitions, signed and verified like in a civil court case.
• The Bar Council cannot drop a matter due to withdrawal, settlement, or the complainant backing out.
• Sub-section (1-A) of Section 35 allows the Council to reassign pending proceedings to another Disciplinary Committee within the same Bar Council.

Hearings:

• The Disciplinary Committee sets a date, time, and location for the hearing, notifying the advocate and the Advocate-General. The hearing should be held within 30 days of receiving the case.
• The committee hears arguments and reviews documents. They can also permit witness testimonies or witness statements (affidavits) if necessary.
• The procedure generally follows civil court proceedings.

Powers of the Disciplinary Committee:The committee has similar powers to a Civil Court for matters like:

• Summoning and questioning witnesses under oath.
• Demanding documents.
• Accepting sworn statements (affidavits).
• Requesting public records or copies from courts or offices.
• Issuing commissions to examine witnesses or documents elsewhere.
• Other powers as prescribed by law.

However, the committee cannot summon certain officials without prior approval:

• Presiding officers of courts (requires High Court sanction).
• Revenue court officers (requires State Government sanction).

Nature of the Proceedings: Disciplinary committee proceedings are considered judicial proceedings under specific sections of the Indian Penal Code and the Criminal Procedure Code.

Role of the Bar Council:

• The public cannot directly initiate disciplinary action against advocates.
• The Bar Council acts to protect the profession's integrity and upholds ethical standards, not as a prosecutor but as a regulator.
• The Council can initiate proceedings based on information received during its duties.
• There's no opposing party; the focus is on maintaining professional conduct. Penalties may include reprimand, suspension, or removal from the advocate's roll.

OTHER POWERS :

Effect of Non-Appearance

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• If the complainant or respondent does not appear before the Disciplinary Committee, the Committee may proceed ex parte or direct fresh notice to be served.
• Any ex parte order may be set aside on sufficient cause being shown, within 60 days of the passing of the order.

Effect of Death of Either Party

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• If the complainant dies and there is no representative willing to conduct the case, the Disciplinary Committee may proceed with the enquiry or drop it.
• If the respondent advocate dies, the Disciplinary Committee shall record the fact of death and drop the proceedings.

Order of the Committee:The Disciplinary Committee may make any of the following orders:

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• Dismiss the complaint
• Reprimand the advocate
• Suspend the advocate from practice for a period
• Remove the name of the advocate from the State roll of advocates

Consequences of Order of Punishment

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• Suspension or removal from practice debars the advocate from practicing in any court or before any authority or person in India.
• A record of punishment is entered against the advocate's name in the State Roll.
• The certificate granted under Section 22 is recalled.
• The Disciplinary Committee should weigh various factors, including the need to cleanse the legal profession and deterrence, in determining punishment.