2021 (12) TMI 685

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....certain observations at para 8 therein which read are as under: "8. The objective of imposing a penalty of Rs. 15000/- is only to impress upon the appellant that they ought to be more careful in future and do justice to their role and duties rather than take shelter behind technicalities and advocates who think they can defend the indefensible by giving their own skewed understanding of the law and misguiding appellants." (highlighting is mine) 2. The portion of the observations that are highlighted would reflect on the professional conduct of the petitioner, argues his counsel; learned Panel Counsel appearing for the respondents opposes the writ petition contending that the said observations are case specific and therefore p....

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....less serious offences. Sometimes they succeed'. A lawyer has a duty to the court, a duty to his client and a duty to the profession as well; he has his privileges too; the observations of Calcutta High Court in EMPEROR vs. RAJANIKANTA BOSE & OTHERS, ILR (1922) 49 Cal.732 are worth reproducing: 'The practice of the law is not a business open to all who wish to engage in it. It is a personal right or privilege .... It is in the nature of a franchise from the State. That you are a member of the legal profession is your privilege; that you can represent your client is your privilege; that you can in that capacity claim audience in Court is your privilege. Yours is an exalted profession in which your privilege is your duty and your duty....