Punjab And Haryana High Court Seeks Suggestions Of Bar To 'Streamline Esteemed Principles Of Legal Ethics'

The Punjab and Haryana High Court has invited suggestions from the Chairman of the Bar Council of Punjab and Haryana and also the Bar Association of the High Court through its President for the purpose of streamlining the esteemed principles of legal ethics which should be imbibed in the legal system.

The Bench of Justice Jasgurpreet Singh Puri sought suggestions after it invoked its ordinary jurisdiction under Article 226 of the Constitution of India r/w Section 482 CrPC to explore the un-attended areas of legal ethics pertaining to the duty of an Advocate towards the Court and his client.

Essentially, the Bench was dealing with a 482 CrPC filed by Amanpreet and others seeking quashing of an FIR under sections 323, 324, 506, 148, 149, and 452 IPC, however, the Court came to know that some of the petitioners had earlier moved pleas before the Court and this fact was concealed by them while moving the instant plea.

When the counsel for the petitioners was asked about this, he couldn't justify as to why such concealment was done and why he could not bring to the notice of this Court regarding earlier petitions, instead, he prayed for the withdrawal of the present petition, which was allowed by the Court.

The present petition was thus dismissed as withdrawn, however, the Court did take judicial cognizance of such kind of practice which pertains to legal ethics. Importantly, stressing that the subject of legal ethics has hitherto been ignored, the Court remarked thus:

"The duty of an Advocate towards the Court and towards his client is of utmost importance for the survival of the Institution itself. Therefore, an endeavour can be made for future purposes as to what safeguards and steps should be followed to restore and streamline the esteemed principles of legal ethics which should be imbibed in the legal system. Therefore, this Court invokes its extraordinary jurisdiction under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure to explore the un-attended areas of legal ethics pertaining to the duty of an Advocate towards the Court and his client."

The Court clarified that although the present petition had been withdrawn but the proceedings would continue only to a limited extent of getting suggestions from various corners for the purpose of streamlining the system.

Further, noting that there are various other areas as well pertaining to legal ethics which need to be addressed at a macro level, the Court has also appointed Senior Advocate Anupam Gupta as an amicus curiae to assist the Court.

The matter has now been posted for further hearing and looking into the suggestions of the bar on May 4, 2022.

Case title - Amanpreet and others v. State of Punjab and others

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