Lawyers Are Powerful Pillar Of Judicial Adjudicatory Process, Their Duty Towards Client Has To Be Respected By All: Delhi High Court

Lawyers are an essential and powerful pillar of judicial adjudicatory process and their duty towards a client has to be respected by all, the Delhi High Court observed on Monday.

Justice Swarana Kanta Sharma said that one of the fundamental principles of legal representation is that advocates must not allow personal biases or prejudices to influence or interfere with their professional obligations to their clients which is to uphold the principles of fairness and justice.

“They are supposed to act in the best interests of their clients and vigorously advocate for their positions, while still maintaining a sense of fairness and respect for the legal process. A lawyer representing her client, is only carrying out her duties and she cannot be presumed to have any personal enmity or grudge against the complainant in case she is representing an accused or against an accused, if she is representing the complainant. The lawyers are officers of the Court and should not be presumed to be only defending the party concerned as part of their duty,” the court said.

It added: “They are an essential and powerful pillar of judicial adjudicatory process and therefore, their duty towards a client has to be respected by all concerned. The lawyers are bound by their commitment to the duties cast on them by Part VI (Rules Governing Advocates), Chapter II (Standards of Professional Conduct and Etiquette) of Bar Council of India Rules which define their duties towards the Court, Client, Opponent and Colleagues.”

Justice Sharma made the observations while dismissing a plea moved by a woman challenging two orders passed by the trial court. Vide one of the orders, charges were framed against her whereas vide the second impugned order, her discharge was set aside. The case was registered in 2017 under sections 341, 323 and 506 of Indian Penal Code, 1860.

The FIR was registered on the complaint of a practising advocate who alleged that she had appeared in the trial court with her client who was accused in another case in which the petitioner was the complainant. It was alleged that after the hearing in the case, the petitioner started abusing and misbehaving with the complainant lawyer in court premises and beaten her.

Denying relief to the petitioner, the court said that it cannot appreciate the variations in the statements of the witnesses regarding description of the incident in question at the stage of framing of charges.

“Further, only because there is no CCTV footage of the alleged incident, it cannot become a basis of discharge of the accused,” the court said.

Justice Sharma said that to hold that the complaint was false only because it was lodged by a lawyer who was representing a client against whom the assaulter had lodged a complaint a few years back, will be unreasonable and absurd.

“In case, such a finding is returned by this Court, Advocates will not be able to work or discharge their professional duties without fear. In such a scenario, even if a person injures or assaults an advocate or a lawyer he will seek protection under a plea that the advocate has lodged complaint on behalf of her client,” the court said.

Title: DHANPATI @ DHANWANTI v. THE STATE (GOVT. OF NCT OF DELHI) & ANR.

Citation: 2023 LiveLaw (Del) 457

Click Here To Read Order