|
Disciplinary committee has concurrent jurisdiction and statutory disciplinary procedure does not breach fair‑hearing or appeal provisions.
Advocates Act – disciplinary jurisdiction – Sections 18, 19, 73(1)–(2), 78(2) – concurrent jurisdiction with criminal courts. Constitutional law – fair hearing (Art. 28) – procedural safeguards in disciplinary proceedings (notice, access to documents, right to representation). Evidence – exclusion of Evidence Act from disciplinary proceedings does not automatically violate fair hearing. Appellate jurisdiction – limitation of appeal to the High Court is statutory and not unconstitutional.
|
30 March 1999 |
|
Disciplinary tribunal may concurrently hear professional offences without violating constitutional fair‑hearing guarantees.
Advocates Act – disciplinary offences (sui generis) – concurrent jurisdiction of Disciplinary Committee and ordinary courts. Constitutional law – right to fair hearing (Art. 28) – notice, access to documents, representation, opportunity to examine witnesses must be preserved. Natural justice – prima facie inquiry by disciplinary tribunal does not inevitably create bias. Evidence Act – formal exclusion from disciplinary proceedings permissible if substantial fairness maintained. Appellate jurisdiction – appeals limited by statute (High Court) not unconstitutional.
|
30 March 1999 |