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2023 DIGILAW 485 (RAJ)

Mahesh Sharma v. Bar Council of India

2023-02-10

PUSHPENDRA SINGH BHATI

body2023
ORDER : (Pushpendra Singh Bhati, J.) The matter comes up on second stay petition. 2. At the outset, Mr. Anand Purohit, learned Senior Counsel assisted by Mr. Kapil Purohit appearing on behalf of the respondent-Bar Council of India submits that a very irresponsible statement, with derogatory language and remarks, was made by the petitioner, even when he is holding the responsible position of a Member of the Bar Council of Rajasthan. 2.1 Learned Senior Counsel further submits that the conduct, in question, of the petitioner is apparently unbecoming of a lawyer as well as that of a Member of Bar Council of Rajasthan and sends wrong message to the younger members of law fraternity. 2.2 He submits that the Bar Council of India deprecates such practice, and thus, a serious and stern action is warranted against such lawyers, and unless it is done, it will be very difficult to train the young lawyers, while imposing among them, the discipline, which is one of the pre-requisites for this noble profession, and also for them to maintain the professional ethics, which are the requirements of the day. 2.3 Mr. Anand Purohit, being a very Senior Practising Counsel, also expressed his extreme anxiety over such behaviour, and submits that the Bar Council of India has rightly taken the decision to debar the petitioner from participating in the proceedings of Bar Council. He further submits that such action was called for and justified in light of the fact that a message has to be given to the members of the law fraternity, that they should maintain the highest standards in the legal profession, while abiding by the professional ethics as well as the moral standards. A lawyer in this Nation enjoys huge respect of a common man. He also submits that the State Bar Councils have powers to punish any advocate for his professional or other misconducts, as per section 35 of the Advocates Act, 1961. The said Section is reproduced as hereinbelow: "35. Punishment of advocates for misconduct.- (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. The said Section is reproduced as hereinbelow: "35. Punishment of advocates for misconduct.- (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. [(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.] (2) The disciplinary committee of a State Bar Council 4 shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State. (3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely:- (a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the State roll of advocates. (4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India. (5) Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. [Explanation. - In this section, 3 section 37 and section 38], the expressions "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India." 2.4 Mr. Purohit also expresses that unless stringent action is taken, the future of the law fraternity particularly, the younger generation, shall be adversely impacted. 3. Mr. Manish Shishodia, learned Senior Counsel assisted by Mr. Purohit also expresses that unless stringent action is taken, the future of the law fraternity particularly, the younger generation, shall be adversely impacted. 3. Mr. Manish Shishodia, learned Senior Counsel assisted by Mr. Jaideep Singh Saluja appearing on behalf of the petitioner submits that an immediate apology was tendered by the petitioner to the Bar Council of India as well as the Bar Council of Rajasthan. He further submits that the petitioner is extremely apologetic about his behaviour and comments so made on social media, and seeks liberty from this Court to participate in the democratic process of Bar Council, in light of the apology already made. 3.1 Learned Senior Counsel assures this Court that the petitioner shall always maintain the dignity of the profession, and by the strength and virtue of his seniority in the profession also, shall abide by all the professional and moral standards, to keep an exemplary behaviour being a Member of the Bar Council, so as to set an example for the younger lawyers of the State as well as the Country. 3.2 Mr. Shishodia also submits that after the said order was passed, no further inquiry or steps have been taken, and prolonged suspension is infringing the rights of an elected Member. 4. Mr. Akhilesh Rajpurohit, learned counsel appearing on behalf of Bar Council of Rajasthan also deprecates the practice of unruly comments on social media made by the responsible member of Bar Council of Rajasthan. He further submits that to maintain the sanctity of the Body, like the Bar Council of Rajasthan, the petitioner ought to behave more responsibly, and also whatever he does, being an elected representative of the Body, is a direct message to the young lawyers, and thus, the highest moral and ethical standards ought to be maintained in the legal profession. He also submits that the Bar Council of Rajasthan itself is having a high reputation in the Country and has maintained the highest standards, as far as, not only the elected Members of the Council, but also the Members of the Bar in general, and thus, any act detrimental to the status of Bar Council of Rajasthan ought to be deprecated. 5. At this stage, Mr. 5. At this stage, Mr. Sunil Beniwal, Ex-Chairman of Bar Council of Rajasthan fairly submits that they shall issue an advisory to the younger lawyers to abstain themselves from making unruly and derogatory comments on the social media platform and to maintain the highest professional ethics and moral standards as far as the legal profession is concerned, and its relationship with the social media platform. 6. Mr. Ravi Bhansali, Senior Counsel, who is the President of Rajasthan High Court Lawyers' Association, submits that the social media has become a menace for a common man and it is the lawyer, who has to lead the Country by an exemplary and responsible behaviour on social media, and thus, he also, while assisting the Court in a matter, assures the Court that the issue in hand shall be seriously contemplated, and the lawyers, more particularly, the younger ones, shall be advised to maintain the highest professional standards and to maintain the dignity of the profession inside and outside the Court, particularly, on social media. 7. Mr. Ranjeet Joshi, President, Rajasthan High Court Advocates' Association submits that it is the duty of the lawyers, including the office bearers of the Bar Association and the Bar Council to always maintain, amongst others, high standards of decency and to behave with utmost responsibility; they should also maintain an exemplary behaviour so that the young lawyers also remain motivated. 8. Heard as well as perused the record of the case. 9. This Court observes that the Bar Council of India/State Bar Councils have prescribed the rules for the advocates, wherein there is a clear mention of the duties of the advocate(s) towards the Courts, Profession and Colleagues. The advocacy is a highly responsible work towards the society, and thus, such a noble profession cannot be subjected to derogatory statements, by anyone, an Advocate, in particular. Therefore, it is necessary for all the members of the law fraternity to respect the trust and expectation, being reposed by the citizens of India, in the judicial Institution, and thus, it becomes all the more necessary for the Advocates to maintain the same. Therefore, it is necessary for all the members of the law fraternity to respect the trust and expectation, being reposed by the citizens of India, in the judicial Institution, and thus, it becomes all the more necessary for the Advocates to maintain the same. 9.1 In this regard, it is apposite to reproduce the relevant part of the Bar Council of India Rules, as hereunder: "Bar Council of India Rules (Under Advocates Act, 1961) Chapter - II Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto) Preamble An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned. Section I - Duty to the Court 1. An advocate shall, during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities. 2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. 3. An advocate shall not influence the decision of a court by any illegal or improper means. Private communications with a judge relating to a pending case are forbidden. 4. 2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community. 3. An advocate shall not influence the decision of a court by any illegal or improper means. Private communications with a judge relating to a pending case are forbidden. 4. An advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgement in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in court. 5. An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable. 6. An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in- law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. *For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer. 7. An advocate shall not wear bands or gown in public places other than in courts except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe. 8. An advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. "Executive Committee ", by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation. "Executive Committee ", by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation. Provided that this rule shall not apply to such a member appearing as "amicus curiae" or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association. 9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested. Illustration: I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt. II. He should not accept a brief from a company of which he is a Director. 10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings. Section IV - Duty to Colleagues 36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of worker or that he has been a Judge or an Advocate General. That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under section 35 of the Advocates Act, 1961." 9.2 Notification issued by the Bar Council of India on 25.06.2021, as published in the Gazette of India (CG-DL-E- 26062021-227925) on 26.06.2021, is also reproduced as hereunder: Bar Council of India Notification New Delhi, the 25th June, 2021 Item No.146/2020 (Council Meeting dated 03.06.2020) To consider the proposed amendments in Chapter-II of Bar Council of India Rules and to add Section-V in order to make certain clarifications with regard to conduct and etiquettes of Advocates and/or office-bearers of Bar Associations, Members of Bar Councils. Resolution No._______/2020 Amendment in Part-VI, Chapter-II of Bar Council of India Rules as per the functions contained under section 7(1)(b)(c)(d)(g) and (l) and (m) read with the section 49 (1)(a) and (ab) of Advocate Act, 1961. These amendments are being made in order to address issues with regard to misconduct by Advocate/s, which have not been specifically mentioned in the Preamble or any of the Sections of this Chapter. These Rules are introduced/added with a view to maintain and improve the standards of professional conduct and etiquette for Advocates. The following Section-V shall be added in Part-VI, Chapter-II of the Bar Council of India Rules:- Section-V - Duties towards Society and Bar:- [Under section 49 (1)(c) of the Advocates Act, 1961] An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India nor shall any Advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Section-35 or 36 of the Advocates' Act, 1961. Section-VA: - Code of conduct and Disqualification for members of Bar Councils: [under Section 49(1)(a)and (ab) of the Advocates Act, 1961] (i) No Member of any State Bar Council or of Bar Council of India shall be permitted to publish anything or to make any Statement or Press-Release in Print, Electronic or Social Media against any Resolution or Order of concerned State Bar Council or Bar Council of India or to make/use any derogatory or abusive language/comment/s/ word/s against the Bar Council or its office-bearers or members. (ii) The Decision of any State Bar Council or Bar Council of India shall not be criticized or attacked by any Member/s of Bar Council in public domain. (iii) No Advocate or any Member of any State Bar Council or the Bar Council of India shall undermine the dignity or authority of the State Bar Council or Bar Council of India. (iv) The Violation of this above mentioned clause (i) to (iii) of this code of conduct may amount to other misconduct under section 35 of Advocates Act, 1961, and /or violation of Section-V and/or V-A shall result in suspension or removal of membership of such member from the Bar Council. The Bar Council of India may declare such Advocates (as mentioned above in Section-V) or any Member of Bar Council to be disqualified from contesting the elections of any Bar Association or Bar Council for any period, depending on the gravity of the misconduct. The State Bar Council/s may refer the matters of misconduct or violation of these Rules by any of its members to Bar Council of India. Note: Provided that a healthy and bona-fide criticism made in good faith, shall not be treated as a "misconduct"; (v) For declaring any Advocate or Member of Bar Council as disqualified from contesting the elections as aforesaid, Bar Council of India shall be required to hold an inquiry by a "3 Member Committee" headed by a Former Chief Justice or a former Judge of any High Court. The Committee shall be constituted by the Bar Council of India and may consist of any member of Bar Council of India or a Member or Office- Bearer of any State Bar Council or any Advocate with a minimum of 25 years of standing at the Bar. The Committee shall be constituted by the Bar Council of India and may consist of any member of Bar Council of India or a Member or Office- Bearer of any State Bar Council or any Advocate with a minimum of 25 years of standing at the Bar. (vi) After any such reference of any case by Bar Council of India, the committee shall issue notice to the concerned Advocate(s)/ Member(s) and give him/her/them opportunity of hearing. Bar Council of India shall take its decision after consideration of the report of the Committee. (vii). The proceedings for disqualification before the Bar Council of India and/or the Committee/s constituted by it shall follow the norms of natural Justice and it will be deemed to be an order passed under Section 49(1)(a) or 49(1)(ab). Ashok Kumar Pandey, Jt. Secy. [ADVT.-III/4/Exty./124/2021-22] 10. This Court further observes that the Bar Council of India/State Bar Councils are the Statutory Bodies for Advocates, and thus, the Advocates are duty bound to follow the prescriptions laid down by such Statutory Bodies. The connection between the Bar Council and the Advocates are very strong, and thus, the statements, as made by the petitioner herein against the Bar Council in Social Media, are highly irresponsible, and thus, deserves deprecation, as the same are against the whole Bar, as also against the professional ethics to be observed by each of the Bar member. 11. This Court is conscious of the judgment rendered by the Hon'ble Apex Court in the case of Dr. Muthukrishnan v. The Registrar General of the High Court of Judicature at Madras (2019) 16 SCC 407 . Relevant portion of which reads as under: - "25. The role of a lawyer is indispensable in the system of delivery of justice. He is bound by the professional ethics and to maintain the high standard. His duty is to the court, to his own client, to the opposite side, and to maintain the respect of opposite party counsel also. What may be proper to others in the society, may be improper for him to do as he belongs to a respected intellectual class of the society and a member of the noble profession, the expectation from him is higher. Advocates are treated with respect in society. People repose immense faith in the judiciary and judicial system and the first person who deals with them is a lawyer. Advocates are treated with respect in society. People repose immense faith in the judiciary and judicial system and the first person who deals with them is a lawyer. Litigants repose faith in a lawyer and share with them privileged information. They put their signatures wherever asked by a lawyer. An advocate is supposed to protect their rights and to ensure that untainted justice is delivered to his cause. 26. The high values of the noble profession have to be protected by all concerned at all costs and in all the circumstances cannot be forgotten even by the youngsters in the fight of survival in formative years. The nobility of the legal profession requires an advocate to remember that he is not over attached to any case as advocate does not win or lose a case, real recipient of justice is behind the curtain, who is at the receiving end. As a matter of fact, we do not give to a litigant anything except recognising his rights. A litigant has a right to be impartially advised by a lawyer. Advocates are not supposed to be money guzzlers or ambulance chasers. A lawyer should not expect any favour from the Judge and should not involve by any means in influencing the fair decision-making process. It is his duty to master the facts and the law and submit the same precisely in the court, his duty is not to waste the courts' time. 63...... 26. It is as far back as in 1925 that an Article titled 'The Lawyer as an Officer of the Court' Virginia Law Review, Vol. 11, No. 4 (Feb 1925) pp. 26377 published in the Virginia Law Review, lucidly set down what is expected from the lawyer which is best set out in its own words: ..... In this connection, the timely words of Mr. Warvelle may also well be remembered: But the lawyer is not alone a gentleman; he is a sworn minister of justice. His office imposes high moral duties and grave responsibilities, and he is held to a strict fulfillment of all that these matters imply. Interests of vast magnitude are entrusted to him; confidence is imposed in him; life, liberty, and property are committed to his care. His office imposes high moral duties and grave responsibilities, and he is held to a strict fulfillment of all that these matters imply. Interests of vast magnitude are entrusted to him; confidence is imposed in him; life, liberty, and property are committed to his care. He must be equal to the responsibilities which they create, and if he betrays his trust, neglects his duties, practices deceit, or panders to vice, then the most severe penalty should be inflicted and his name stricken from the roll. That the lawyer owes a high duty to his profession and to his fellow members of the Bar is an obvious truth. His profession should be his pride, and to preserve its honor pure and unsullied should be among his chief concerns. "Nothing should be higher in the estimation of the advocate," declares Mr. Alexander H. Robbins, "next after those sacred relations of home and country than his profession. She should be to him the 'fairest of ten thousand' among the institutions of the earth. He must stand for her in all places and resent any attack on her honor-as he would if the same attack were to be made against his own fair name and reputation. He should enthrone her in the sacred places of his heart, and to her, he should offer the incense of constant devotion. For she is a jealous mistress....... 73. It has been seen from time to time that various attacks have been made on the judicial system. It has become very common to the members of the Bar to go to the press/media to criticize the judges in person and to commit sheer contempt by attributing political colours to the judgments. It is nothing less than an act of contempt of gravest form. Whenever any political matter comes to the Court and is decided, either way, political insinuations are attributed by unscrupulous persons/advocates. Such acts are nothing, but an act of denigrating the judiciary itself and destroys the faith of the common man which he reposes in the judicial system. In case of genuine grievance against any judge, the appropriate process is to lodge a complaint to the concerned higher authorities who can take care of the situation and it is impermissible to malign the system itself by attributing political motives and by making false allegations against the judicial system and its functionaries. In case of genuine grievance against any judge, the appropriate process is to lodge a complaint to the concerned higher authorities who can take care of the situation and it is impermissible to malign the system itself by attributing political motives and by making false allegations against the judicial system and its functionaries. Judges who are attacked are not supposed to go to press or media to ventilate their point of view. 74. Contempt of court is a weapon which has to be used sparingly as more is power, same requires more responsibility but it does not mean that the court has fear of taking action and its repercussions. The hallmark of the court is to provide equal and evenhanded justice and to give an opportunity to each of the system to ensure that it improves upon. Unfortunately, some advocates feel that they are above the Bar Council due to its inaction and they are the only champion of the causes. The hunger for cheap publicity is increasing which is not permitted by the noble ideals cherished by the great doyens of the bar, they have set by their conduct what should be in fact the professional etiquettes and ethics which are not capable of being defined in a narrow compass. The statutory Rules prohibit advocates from advertising and in fact to cater to the press/media, distorted versions of the court proceedings is sheer misconduct and contempt of court which has become very common. It is making it more difficult to render justice in a fair, impartial and fearless manner though the situation is demoralizing that something has to be done by all concerned to revamp the image of Bar. It is not open to wash dirty linen in public and enter in accusation/debates, which tactics are being adopted by unscrupulous elements to influence the judgments and even to deny justice with ulterior motives. It is for the Bar Council and the senior members of the Bar who have never forgotten their responsibility to rise to the occasion to maintain the independence of the Bar which is so supreme and is absolutely necessary for the welfare of this country and the vibrant democracy. 76. Soul searching is absolutely necessary and the blame game and maligning must stop forthwith. Confidence and reverence and positive thinking is the only way. 76. Soul searching is absolutely necessary and the blame game and maligning must stop forthwith. Confidence and reverence and positive thinking is the only way. It is pious hope that the Bar Council would improve upon the function of its disciplinary committees so as to make the system more accountable, publish performance audit on the disciplinary side of various bar councils. The same should be made public. The Bar Council of India under its supervisory control can implement good ideas as always done by it and would not lag behind in cleaning process so badly required. It is to make the profession more noble and it is absolutely necessary to remove the black sheeps from the profession to preserve the rich ideals of Bar and on which it struggled for the values of freedom. It is basically not for the Court to control the Bar. It is the statutory duty of Bar to make it more noble and also to protect the Judges and the legal system, not to destroy the Bar itself by inaction and the system which is important pillar of democracy." 11.1. In Re: Prashant Bhushan and Ors. (2021) 3 SCC 160 , it was observed as under: - "27. The Advocates Act, 1961 gave autonomy to a Bar Council of a State or Bar Council of India and Section 6(1) empowers them to make such action deemed necessary to set their house in order, to prevent fall in professional conduct and to punish the incorrigible as not befitting the noble profession apart from admission of the advocates on its roll. Section 6(1)(c) and Rules made in that behalf, Sections 9, 35, 36, 36-B and 37 enjoin it to entertain and determine cases of misconduct against advocates on its roll. The members of the judiciary are drawn primarily and invariably from the Bar at different levels. The high moral, ethical and professional standards among the members of the Bar are preconditions even for high ethical standards of the Bench. Degeneration thereof inevitably has its eruption and tends to reflect the other side of the coin. The Bar Council, therefore, is enjoined by the Advocates Act to maintain high moral, ethical and professional standards which of late is far from satisfactory. Their power under the Act ends thereat and extends no further. Degeneration thereof inevitably has its eruption and tends to reflect the other side of the coin. The Bar Council, therefore, is enjoined by the Advocates Act to maintain high moral, ethical and professional standards which of late is far from satisfactory. Their power under the Act ends thereat and extends no further. Article 121 of the Constitution prohibits discussion by the members of Parliament of the conduct of any Judge of the Supreme Court or of High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as provided Under Article 124(4) and (5) and in the manner laid down under the Act, the Rules and the Rules of business of Parliament consistent therewith. By necessary implication, no other forum or fora or platform is available for discussion of the conduct of a Judge in the discharge of his duties as a Judge of the Supreme Court or the High Court, much less a Bar Council or group of practising advocates. They are prohibited to discuss the conduct of a Judge in the discharge of his duties or to pass any resolution in that behalf". 11.2 Recently, the Hon'ble Supreme Court, in the case of Bar Council of India v. Bonnie FOI Law College and Ors. (Civil Appeal No.969/2023, decided on 10.02.2023), observed thus: "19. We have given our thought to the matter and share the concerns of all those who appeared before us to see that the best come into the profession. Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time. 20. The object of Parliament enacting the said Act was to consolidate the law relating to legal practitioners. The prominent role of the Bar Council of India, the apex body, is apparent from the functions prescribed for the Bar Council of India under Section 7 of the said Act. Clause (h) of Sub-Section (1), provides for promotion of legal education and for laying down standards of such education in consultation with Universities in India and State Bar Councils. The prominent role of the Bar Council of India, the apex body, is apparent from the functions prescribed for the Bar Council of India under Section 7 of the said Act. Clause (h) of Sub-Section (1), provides for promotion of legal education and for laying down standards of such education in consultation with Universities in India and State Bar Councils. Sub-Clause (m) is in the nature of a residuary clause, having the widest amplitude to do all other things necessary for discharging the aforesaid functions. These provisions do not entrust the Bar Council of India with direct control of legal education, as primarily legal education is within the province of the universities. Yet, the Bar Council of India, being the apex professional body of the advocates, is concerned with the standards of legal profession and the equipment of those who seek entry into that profession. Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession." 12. The present case, when seen under the umbrella of the aforementioned precedent laws, in conjunction with the precedential guidelines laid down in the catena of judgments rendered by the Hon'ble Supreme Court on the issue, identical to the one at hand, this Court is of the opinion a lawyer, being the Officer of the Court, is duty bound to refrain from indulging himself into any act or conduct or activity, which is highly prejudicial and detrimental to the law fraternity; such binding increases manifold, when a lawyer is the Member of the Bar Council (as in the present case); as, if such a duty is not observed, the same would not only malign the image of the whole Bar, but also would have much adverse impact upon the administration of justice. 12.1 This Court further observes that non-observance of the duties and guidelines, laid down for the legal profession, would certainly not only amount to bringing disrepute to the law fraternity, but also, the same would result into lack of professionalism in the younger members of the Bar, in particular. 12.1 This Court further observes that non-observance of the duties and guidelines, laid down for the legal profession, would certainly not only amount to bringing disrepute to the law fraternity, but also, the same would result into lack of professionalism in the younger members of the Bar, in particular. 12.2 This Court also observes that the petitioner herein being the Member of the State Bar Council and being a valuable asset of the legal system, enjoys high popularity amongst his younger associates, in particular, and thus, he is more duty bound to observes that no act of his would damage the reputation of the legal profession. 12.3 This Court further observes that when a lawyer makes non-observance of his professional ethics, more particularly, while making comments or remarks, without due caution, on the social media, the same is sufficient to erode the very foundation of the legal profession, as thereby, the public confidence in the law fraternity and the judicial institutions would be shaken. 12.4 Adverting to the facts of the present case, this Court is thus of the opinion that a lawyer, whether senior or junior, must refrain himself from expressing, amongst others, his personal views, opinions or biases on social media, in particular, so as to maintain the dignity and reputation of the noble profession, like Advocacy. The observance of professional ethics, ethical behaviour and high moral standards, on the part of a senior member of the Bar, would impose among the younger members, professionalism and respect for the legal and judicial fraternity; the same would in turn encourage the public at large to repose more faith, that it already has, in the legal and judicial institutions, which is the call of the hour. 13. 13. Though this Court takes into due consideration, amongst others, the aforementioned judicial pronouncements on the issue, but looking into the apology and expressions of remorse as well as assurance of good behaviour and conduct, in future, as made by the petitioner herein through his learned Senior Counsel and the fact that no further proceedings in pursuance of the initial resolutions have been conducted by the Bar Council of India, neither any enquiry has been made nor any final order is yet to come, so much so that even no reply has been filed to the writ petition, this Court is of the opinion that the effect of the impugned resolution and the impugned order may be stayed, to the extent that the petitioner shall be permitted to attend and participate in the meeting of the General Body or any of its Committees and discharge all his functions as elected Member of the Bar Council of Rajasthan, till final disposal of the matter by the Bar Council of India. 14. Thus, in view of the above as also looking into the overall facts and circumstances of the case, the second stay petition is disposed of, with a direction that the petitioner shall be permitted to attend and participate in the meeting of the General Body or any of its Committees, and discharge each and every duty as all elected Members of the Bar Council of Rajasthan are doing, till final disposal of the matter by the Bar Council of India. 14.1 While passing the present order, this Court has kept into due consideration the assurances given by Mr. Manish Shishodia, learned Senior Counsel appearing on behalf of the petitioner. It is thus expected of the present petitioner that he shall strictly adhere to such assurances, and restrain himself from making the like remarks in question, on any of the platform in future, which could be detrimental to the law fraternity; as, if it is not done, the same shall have adverse impact upon the discipline and the professional ethics, from among the younger members of the Bar, in particular, and would in turn shake the public confidence in the judicial institutions. 15. 15. It is further directed that the Bar Council of India and the Bar Council of Rajasthan shall, on reporting or suo moto, take stringent action expeditiously, against any enrolled Member, in case of violation, by such enrolled Member, of the aforequoted Gazette Notification No.CG-DL-E-26062021-227925 published on 26.06.2021, so as to ensure strict adherence to such Notification by all Members. 16. List the writ petition for final hearing in due course.