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Case Analysis: Chandra Shekhar Soni v/s Bar Council Of Rajasthan

Case Citation:
Chandra Shekhar Soni vs Bar Council Of Rajasthan And Ors. on 20 July, 1983

Equivalent citations:
AIR 1983 SC 1012, 1983 (2) SCALE 384, (1983) 4 SCC 255

Bench: A Sen, E Venkataramiah, R Misra

In the Chandrashekar Soni versus bar Council of Rajasthan case, the lawyer Mr Chandrashekar Sony indulged in bribery and tried to switch sides.

Facts of the case:
  • The petitioner of this case was an advocate.
  • The respondent is the disciplinary committee of the Bar Council
  • The advocate took the case of the complainant Bania and his wife, Smt. Galki, who was being harassed by the accused, had a hurt on the head. His wife's skull was damaged
  • The advocate approached the accused and offered to get him a favourable x-ray report if he paid 300 to the doctor and appointed him as counsel
  • Changing sides was tantamount to misconduct, and bribing was severe.

Arguments on behalf of the petitioner
In the Supreme Court, the advocate said that this was Rs.20 and not Rs.300 on offer, and this was offered to someone else for advertisement and promotion and was not a bribe.

Arguments on behalf of the respondent
The State Bar Council of Jodhpur held Advocate Chandrashekar George Soni guilty of professional misconduct and suspended him from practice for three years under section 30 5(c) of the advocates act through the order of the disciplinary committee of the State Bar Council on July 21

The appeal was dismissed with no order as to costs. This was mentioned in the order that we strongly deprecate the appellant's conduct but take a lenient view because he was an inexperienced member of the bar.

The judgement was given as the Advocate Chandrashekar Soni was a very junior lawyer. If he was a senior lawyer indulging in professional misconduct, the court rape took a more serious view.

Own comment
In my opinion, I find the case of Advocate Chandrashekhar Sony absolutely deplorable and absolutely against the professional ethics of our noble law profession.

Such treatment towards the client is untenable and should not be condoned by any honourable lawyer.

Law is the provision of honour, dignity and great morals. Lawyers cannot stoop to such levels and take bribes.

Lawyers are officers of the court and not mere servants. This mentality is shallow and should be scorned.

In my opinion, the court should have charged Advocate Chandrashekhar Sony with professional misconduct and upheld the order. In fact, should have debarred him from the court to make an example of the person and ensure that such people do not exist in the legal profession.

This person has made a mockery of our legal system and has made a laughing stock of all lawyers in the past and the future. It is lawyers like him that degrade the name and nobility of our noble profession. The court should have ordered him to pay back to the client all the money he took in bribes and compensate the client for the cheating suffered. The court should further put IPC section 420 on him for cheating. More severe action should have been taken so that such things do not happen in the future.

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