ADVOCATE AND PARTY IN PERSONS HAVE SPECIAL POWER IN COURT ROOM BEING OFFICERS OF THE COURT.
Contempt
of Court by the Judge includes contempt of court:
The following examples give a clear
idea of how much the Law Advocate seeks to uphold his honor and dignity.
When an advocate conducts his
client's case, if the court, i.e. the judge, comments on his (advocate's)
conduct, the court may be guilty of contempt. (35 C, W, N 179 = 56 C 74 = 1931
Cal 256 = 1931 Cal; 15 C, W, N-189 = 1913 Cal 256 = 58 Cal 74).
False accusations against advocates
cannot be insulted:
False accusations about the conduct
of his case against the advocate which embarrassed him to conduct the case
later will be marked as contempt of court. (Anantalal Singha V. Alfred Henry
Watson (1930) 58 Cal. 884.
It is contempt of court to insult
the advocate so that the lawyer cannot perform his duties in the case under
trial. (Thirumalaippa V. Kumaraswami, AIR 1956
Mad. 621 (1956) ILR Mad. 1239)
Advocates are entitled to special
judicial benefits:
Advocates' statements during the
course of the case are of special benefit. This right has been established by
the following principles.
1. When a lawyer conducts a case, he
enjoys absolute privileges.
2. If an advocate faithfully makes a
defamatory statement during a lawsuit, he or she will not be liable.
3. No case can be filed against him.
4. No action can be taken against
the plaintiff even if the advocate calls him a liar and a liar during the
proceedings.
5. If an advocate calls a witness a
scoundrel or a rascal during a lawsuit, his or her statement will still be
treated as privileged.
Therefore no action can be taken
against an advocate for making relevant defamatory statements during his legal
work or during the proceedings. Whatever he says may not be true or exaggerated
but in this case he will enjoy special benefits.
Expunge the irrelevant statement of
the advocate in court:
In a pending case, a lawyer has
complete freedom of law before he can argue for his client, and for this
reason, if any comment is made which is not related to the "MERIT" or
quality of the case concerned, it is not related to the case but to the
professional character or conduct of the lawyer concerned. , Then such comments
cannot be recorded as part of the judgment given by the court and must be
removed from the record (Expunge). (1989) 31 D, L, R (A.D.) 183.
The rights of advocates are
inviolable:
The rights of the client's attorney
are infringing or "indefeasible" during the trial of an original case
or the hearing of an appeal and cannot be infringed in any way. Because it is a
universal provision of the principle of natural justice which, if denied, the
judgment will be invalid. (6d, l, r65 (s, c)
The right to raise the issue of loss
of confidence in the court
His appointed lawyer has the right
to point out the circumstances in which a client has lost confidence in the
court for not getting justice. MH Khondoker V. State (1960) DLR (SC) 124.
Contempt of court for threatening a
lawyer:
The court will be contemptuous if
either party to the lawsuit threatens the other party's lawyer; Because it is
an obstacle to justice. State V. Abdul Aziz PLD (1962) Lahore, 335.
The lawyer cannot be held
responsible for the performance of his professional duties:
(1993) 13BLD (AD) 152- A bench
comprising Supreme Court, High Court Division, Justice Muhammad Anshar Ali and
Justice Kazi Ebadul Haque. In the case of Mrs. Sigma Huda Advocate v. Isfaq
Samad and other cases, the Hon'ble Court said, lawyer while acting under the
instructions of his or her client, whether has a qualified privilege- An
Advocate whether is entitled to special protection. ''
A legal adviser is not responsible
for his or her legal opinion:
In this context, His Excellency
(HCD) High Court Justice Md. Mozammel Haque and Justice Md. Nurul Islam in the
judgment of Abdus Samad v. State case [BLC (1996) page 63] said, “A Legal
Adviser cannot be made liable for the offense of forgery and criminal breach.
of trust for giving his legal opinion ”
Lawyer arrested from court yard:
It is a serious insult to be
arrested by a police officer while the case is being handled by a lawyer and to
be taken to the police station with a handcuff. (Rajshahi Bar Council-v.
Nathuram, A, I, R 1958 Raj: 189 (174): I, L, R (198) ৬ Raj: 964, 1956 CR, L, J 1350
(BD).
It is an offense to contempt of
court if a lawyer is arrested by a police officer on purpose while obstructing
the proceedings or going to the High Court to file a case for any other
nefarious purpose. Only mistaken and honest arrests will not be insulting.
(Home Rustomji V. Sub-Inspector Baig, AIR 1944 Lah 196 (199-200) 46 cr.LJI (SB)
'Court' means the place used by the
officers, staff and witnesses of the court as well as all parts of the court.
This means that if a lawyer goes to court to appear in a case, if he is
arrested, it would be a contempt of court, as it would interfere with the
normal conduct of the court. Also, arresting a lawyer for good reason will not
be a contempt of court. Moreover the Chamber of Advocates is considered part of
the court special.
Exceptions to the privilege of the
lawyer:
It is true that a lawyer enjoys the
aforesaid legal privileges or privileges in carrying out his duties in the
conventional judiciary, but if he does not take advantage of those privileges,
he presents arguments in court on behalf of the client, which involves
questions of court status. Of course, he cannot be given that much right.