Question

The Supreme Court of India in R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106 held an advocate guilty of misconduct for:

• A. threatening judges and use of abusive language during proceedings.
• B. filing false affidavits and making reckless allegations against judges.
• C. interfering in a criminal trial by attempting to influence a witness.
• D. circulating scandalous pamphlets against a sitting Chief Justice.

Hint:

In professional ethics, any interference with a witness or court process is treated as the most serious form of misconduct and may lead to suspension or removal from the roll of advocates.

Answer 1

The Correct Option is C

Step 1: Understanding the background of the case.
The case arose during the sensational BMW hit-and-run trial in Delhi, where a prosecution witness was caught on camera interacting improperly with the advocate R.K. Anand. This raised a serious concern over the purity of the trial process.
Step 2: Identifying the misconduct involved.
The Supreme Court observed that the advocate had attempted to influence a crucial prosecution witness by offering inducements. Such conduct interferes with the administration of justice and violates professional ethics under the Advocates Act, 1961.
Step 3: Supreme Court's conclusion.
The Court held that influencing or attempting to influence a witness constitutes severe professional misconduct. Hence, option (3) correctly captures the misconduct for which the lawyer was held guilty.