Petitioners sought to dispose of a withdrawn petition on merits to clear their advocate's reputation. The court declined, holding it lacked power to review its own order and the counsel's conduct was not unethical under the circumstances.
Prayer for disposal on merits and removal of cloud over counsel's conduct dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-25523 of 2011 (O&M)
Date of decision : 25.8.2011
Manjit Kaur and others
....Petitioners
Versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present: Mr.Tejinder Pal Singh, Advocate for the petitioners.
MAHESH GROVER, J.
The solitary prayer made in the present petition is that the previous petition be disposed of on merits which was on an earlier occasion dismissed as withdrawn.
The apprehension expressed by the learned counsel for the petitioners is that even though he acted in the interest of his clients in the wake of the observations of the court by which the petition was likely to be dismissed but he apprehends that his conduct as a counsel would come under a cloud.
I have considered the prayer made by the learned counsel for the petitioners. I am afraid, the said prayer cannot be granted as this court has no power to review its own order which has been passed. Besides, the apprehension of the learned counsel for the petitioners is seemingly misplaced. A counsel who makes a statement before the court to withdraw a petition, does so on the apparent
Crl.Misc.No.M-25523 of 2011 (O&M) -2-
authority given by the client to him to conduct his case in his interest and such a conduct normally cannot be commented upon adversely against the counsel unless there are strong attending circumstances which point to an inference that his conduct is unethical and fraudulent resulting in the betrayal of the trust.
No ground to interfere.
Dismissed.
25.8.2011 (MAHESH GROVER) JUDGE
dss
2 issues framed by the court
Whether the court has power to review its own order dismissing a petition as withdrawn to grant the prayer of being disposed of on merits?
Whether the counsel's conduct of withdrawing the petition should be commented upon adversely?
Manjit Kaur and others
State of Punjab and another
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
