Hikmat Ali Khan V Ishwar Arya Prasad
- The respondent Ishwar Prasad has been a lawyer in Badaun. In this case he
attacked his adversary Radhey Shyam in Munsiff's Court Room with a knife during
lunch time. A gun shot at the time of the incidence was reported to have been
fired. He was tried for crimes under the IPC in accordance with Section 307
after investigation and Arms Act, Section 25.
- He was convicted for 3 years rigorous imprisonment. Thereafter using a
forged letter of the governor asking the court to suspend his sentence under
Art.161 of the constitution he got his conviction suspended and he was
released. Later the sessions Judge found the letter as forged one and he
lodged a complaint with the Bar Council of U.P for necessary action against him.
- Subsequently by taking into account of the bad conduct of the Advocate,
he was debarred from the practice for a period of 3 years by the State Bar
Council. On appeal this order was set aside. Hikmath Ali Khan preferred an
appeal before Supreme Court against this order.
Citation: Air 1997 Sc 864
Decided on: January 28, 1997
Bench: Justice SC Agarwal & Sujata. V. Manohar
Appellant: Hikmath Ali Khan
Respondent: Ishwar Prasad Arya
- Whether Mr. Ishwar Prasad is guilty of professional misconduct under
Section 35 of Advocates act, 1961?
- Whether a person who is convicted of an offence involving moral
turpitude can be disqualified for being admitted as an advocate on the State
Rolls of Advocate under Section 24 of the Advocates Act, 1961?
- The Supreme Court held that the acts of misconduct found established
were serious in nature and outlined the options available to the Bar Council
under Sub- section (3) of Section 35 of the Act. The punishment of removal
of the name from the roll of advocates is called for where the misconduct is
such as to show that advocate is unworthy of remaining in the profession.
- The Supreme Court turned its attention to Section 24A of the Act as a
person who is convicted of an offence involving moral turpitude is
disqualified for being admitted as an advocate on the State roll of
advocates. Thus, Supreme Court held that the gravity of misconduct committed
by Ishwar Prasad Arya is so
serious and ordered removal of his name from the rolls of Advocates.
- The punishment of removal of the name from roll of advocates is when the
lawyer's misconduct is such to show that the advocate is unworthy of
remaining in the profession. The Supreme Court in the above case has
referred to Section 24 of the Act which deals with disqualification from the
enrolment. The court also pointed out that under the same section a person
who is convicted of an offence involving moral turpitude is disqualified for
being admitted as an advocate on the State roll of advocates.
- It should also be noted that the conduct of offence involving moral
turpitude by a person enrolled as an advocate would punish him only by
removing his name from the rolls of advocate. The appellants appeal thus
- I support this judgement, as it is said that advocacy is a noble
profession, which is the most accountable, privileged, and respected in the
society and any member practising this profession should not encourage
deceitfulness or corruption, but mut strive to achieve justice to their clients.
The credibility and reputation of an advocate depends upon the way he shows his
conduct himself. They symbolize a healthy relationship between the bar and the
- Thus, any lawyer guilty of gross professional misconduct is a bolt to
the image of other good lawyers and should be punished by making the person
unworthy of that position. Hence, the statement made by Supreme Court in favour
of appellant is justified.
- The role of lawyers in the society is of great importance. They being a
crucial part of the system of delivering justice, hold great reverence and
respect in the society. Each individual had a well- defined code of conduct
which needs to be followed by the person living in the society. A lawyer, in
discharging his professional assignment has a duty to his client, a duty to
his opponent, a duty to the court, and to the society at large and a duty to
- In this case, the acts of misconduct performed by Ishwar Prasad, were
serious in nature and he should be disqualified for being admitted as an
advocate on the State Rolls of Advocate, because advocacy is a noble profession,
and it should not be degraded by the professional misconduct and unethical
Award Winning Article Is Written By: Ms.Juny Varghese
Authentication No: OT127982336244-06-1021