ORDER I.S. Shrivastava, J. 1. Sessions Trial No. 198/2009 (State of M.P. v. Hiralal) and Sessions Trial No. 653/2008 (State of M.P v. Gopal and Ors.) are pending in the Court of 9th ASJ, Ujjain. The same public prosecutor/additional public prosecutor is appearing in these cases, which is against the criminal jurisprudence. The same Govt. Lawyer is appearing in both the cases and examining all the witnesses which is illegal, as one defence lawyer cannot proceed in both the cases at the stage of final arguments because one party is aggressor even then the public prosecutor has to support both the cases, hence it has been prayed that suitable directions be issued in the interest of justice. 2. Heard the learned Panel Lawyer on the issue,. 3. The public prosecutors appearing in the sessions trial are also advocate and their selection is made from the advocates. Hence, they are bound with the principles of advocacy and professional ethics. 4. The general principles of advocacy and legal ethics may be summarized as follows. 1) Solicitation of work and advertising are prohibited. 2) Payment of commission to procure clients is unprofessional. 3) Sources of relations between counsel and client: It is evident that as counsel is also to conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his client to carry out his biddings. Where client dies, re-employment by the legal representative of the deceased becomes necessary. 4) Primary characteristics of the relation. i) Relationship is personal a) Counsel should keep himself constantly in touch with his client. He should inform him of every step that is being taken with respect to the case. This has two advantages. It ensures confidence of the client. It also enables the client to give such instructions as he considers necessary b) There can be no "develling" or delegation of his duties by the advocate to another, counsel except with the assent of the client. A practice of delegation of functions on the ground of conflicting engagements, sickness, etc, no doubt exists but it is desirable that the client should be made aware that the work would be delegated if it becomes necessary. c) If the Counsel has engaged a clerk for assistance that does not diminish his responsibility for the clerk's defaults or negligence. A practice of delegation of functions on the ground of conflicting engagements, sickness, etc, no doubt exists but it is desirable that the client should be made aware that the work would be delegated if it becomes necessary. c) If the Counsel has engaged a clerk for assistance that does not diminish his responsibility for the clerk's defaults or negligence. d) It is not proper for the advocate to allow his assistant to dispose of the work of the client. A client pays for the skill of the counsel employed and while the later may avail of the help assistant, he must bestow on the work his personal attention, knowledge and skill. ii) The relationship in fiduciary. a) It is a relation of trust and confidence, or of trustee and cestui trust b) It is advisable as a rule that the Counsel should not enter into business transactions with his client. Law contemplates that the client is very much under the influence of his counsel, and accordingly does not permit contractual freedom between them. c) The advocate must keep clear and accurate accounts of all moneys received from or on behalf of his client. d) The Counsel should return papers and documents to the client the moment the case has terminated. e) It follows also form the relation being of trust and confidence that the counsel cannot delegate his duties without the client's consent. f) The counsel, while accepting the retainer should disclose to his client any matters which might affect the relation or the client's direction in choosing him as his counsel. g) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, accept presents and gifts from the client. h) It is the duty of advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased. I) It is the duty of advocate not to appear for two clients whose interests are in conflict. j) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies. k) The advocate must not divulge his client's secrets or confidences. I) It is the duty of advocate not to appear for two clients whose interests are in conflict. j) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies. k) The advocate must not divulge his client's secrets or confidences. l) The Counsel owes to the client complete fidelity to his interests. m) The Counsel cannot change side and appear for the opposite party in subsequent proceedings in the same suit. When the Counsel has already been consulted by one party to the litigation and he has given him his opinion, it is improper for him later on to appear for the opposite party, firstly, because such a position will force him to the unedifying spectacle attacking his own opinion which would embarrass him in the discharge of his duty, and secondly, because it is possible that the client in taking his opinion may have disclosed confidential information which the advocate is duty bound not to use to his detriment. But if the client himself refuses to retain him, then the advocate is at liberty to appear for the opposite side but the confidential information obtained must not be used, and if that it is found impossible, then he should forgo the chance of appearing on the opposite side. iii) An advocate is representative of his client and not his mouthpiece: He is governed by the rules of his professional etiquette and is not to act according to the whims of his client merely because it suits the latter's wishes. Even if the client's interest so requires, he will not knowingly misstate the law, or willfully misstate the facts or tutor witnesses, or fabricate or tamper with documents, or make reckless allegations in the pleadings, or put in pleas which are known to be false, or put in a forged document or produce a perjured witness. 5. Hence according to the principles of law and ethics, the same public prosecutor cannot appear in both the cases from the side of the prosecution which are the cross cases of each other, because he has to support the case of the one client only. Hence, the District Magistrate is directed to appoint separate public prosecutor in both the sessions trial. 6. With the above directions, this petition is disposed of. 7. Hence, the District Magistrate is directed to appoint separate public prosecutor in both the sessions trial. 6. With the above directions, this petition is disposed of. 7. A copy of this order be sent to the District and Sessions Judge, Ujjain for necessary compliance. C c as per rules.