Arunava Ghosh And Others vs Bar Council Of West Bengal And Others on 26 September, 1995
106. Mr. Biswarajan Ghosal respondent No. 9 appearing in person has also tried to justify the impugned action of the Bar Council contending, inter alia, that the same was necessary for upholding the unity of the legal fraternity and referred to the decision of the Supreme Court in the case of Bar Council of Maharashtra v. M.V. Dabholkar thereof where it has been held by the Supreme Court, inter alia, that the Bar Councils are to safeguard the rights, privileges and interests of Advocates. Reference has also been made to paragraph 28 of the said judgment where it has been held by the Supreme Court that the Bar Council Act is the centinel of professional code of conduct and is vitally interested in the rights and privileges of the Advocates as well as the purity and dignity of the profession while there cannot be any quarrel with such interpretation of the functions of the Bar Council made by the Supreme Court in the aforesaid case, it is also to be remembered, as pointed out hereinbefore, that the Bar Council is not an association of Advocates, nor the same is a guild of lawyers nor the same is a trade union, but the same is a statutory body and its powers and functions are circumscribed by the provision of the statute and in the name of protecting interest of the Advocates, it cannot do something which actually affects the statutory and constitutional rights of the Advocates to practise as of right nor can it do anyting in the name of such protection of interest, which are unreasonable and will affect the administration of justice, block the access to the same and compel an
Advocate to fail in his duty to the Court as an officer of the Court.