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Showing posts with the label Legal ethics

Kerala Court Grants Bail to Senior Advocate in Junior Lawyer Assault Case

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  By Abhishek Jat, Advocate A recent incident in Kerala has brought to light important questions about workplace conduct and professional relationships within the legal community. A senior advocate practicing in Thiruvananthapuram was accused of physically assaulting his junior colleague at the office following a disagreement over work-related matters. The junior advocate reported that this was not the first occurrence and that she had previously experienced similar behavior, including during a vulnerable period in her life. After the complaint was filed, the senior advocate was taken into custody and faced charges relating to wrongful restraint, assault, and voluntarily causing hurt. The prosecution expressed concerns about the possibility of the accused influencing witnesses, given his position of authority in the office. Despite these concerns, the court granted him bail with strict conditions, including providing sureties, financial bonds, and restrictions on contacting the vic...

Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State

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Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State By Abhishek Jat,Advocate Introduction The Supreme Court of India, in  N. Eswaranathan v. State Represented by the Deputy Superintendent of Police , delivered a stern judgment reinforcing the ethical obligations of advocates as officers of the court. The case highlights the judiciary’s intolerance towards professional misconduct, particularly when it obstructs the administration of justice. While Justice Bela M. Trivedi imposed strict penalties, Justice Satish Chandra Sharma advocated a more lenient approach, emphasizing forgiveness. This divergence underscores the delicate balance between accountability and compassion in judicial proceedings. Factual Matrix The petitioner, N. Eswaranathan, was convicted under various provisions of the IPC and the SC/ST (Prevention of Atrocities) Act, 1989, and his appeal was dismissed by the High Court. He initially filed a Special Leav...

Supreme Court Mandates Unconditional Apology from Seoni Bar Association Members Over Strike

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Supreme Court Mandates Unconditional Apology from Seoni Bar Association Members Over Strike Author: Abhishek Jat, Advocate The Supreme Court of India has directed senior members of the Seoni District Bar Association, Madhya Pradesh, to submit an unconditional apology following their participation in a lawyers' strike in March 2024. The protest stemmed from dissatisfaction over the state government's decision to allocate land for a new District Court Complex without consulting the legal fraternity. This ruling underscores the Apex Court’s firm stance against disruptions in judicial proceedings due to strikes by legal professionals. Background of the Case The case arose when the Madhya Pradesh High Court imposed disciplinary action on ten lawyers from the Seoni District Bar Association, barring them from appearing in court for one month and preventing them from contesting Bar Association and Bar Council elections for three years. The penalty was a response to their call for a thr...

BCI’s Firm Stance on Ethical Legal Practice

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  BCI’s Firm Stance on Ethical Legal Practice: A Call for Integrity and Professionalism By Abhishek Jat, Advocate The Bar Council of India (BCI), the apex regulatory body governing the legal profession in India, has recently taken a firm and unequivocal stance against the growing trend of unethical advertising, misinformation, and the commercialization of legal practice. In a press release dated 17th March 2025, the BCI has issued a stringent warning to legal professionals, emphasizing the need to uphold the dignity, integrity, and ethical standards of the legal profession. This move comes in response to the increasing prevalence of advocates and legal influencers using social media, promotional videos, and celebrity endorsements to advertise their services, a practice that blatantly violates Rule 36 of the Bar Council of India Rules. The BCI has made it clear that the legal profession is not a commercial enterprise but a noble service rooted in justice, fairness, and public tru...