D.N. Roy J.
1. The Bar Council has preferred an objection to the admission of Sri Kameshwar Nath Verma as an Advocate; and the objection has been laid before this Bench for hearing in accordance with the provisions of Section 9(2)(d) of the Bar Council's Act.
2. The facts giving rise to this matter are these:--Sri Kameshwar Nath Verma after passing his LL.B.. examination from the Lucknow University in 1949 took an appointment under the U.P., Government as an Assistant Public Prosecutor from the 18th of April, 1952 and ever since then has been working as such. At no time was he enrolled as a Pleader; nor did he take any training for being enrolled either as a Pleader or as an Advocate.
He contends that having worked as an Assistant Public Prosecutor for nearly six years he is entitled to be enrolled as an Advocate in accordance with the provisions of Proviso 8 to Rule 1 of the Rules framed by the Bar Council under Section 91 of the Act. We may here produce the relevant parts of Rule 1 necessary for the purpose of this case. Rule 1, 'Any Barrister. ...... and any graduate in Law of any University established by law in India who is a graduate in Arts, Science or Commerce of any such University, and who in each case has further undergone a course of training for one year as provided by the Bar Council under the rules made under Section 15 of the Act, may present an application for his admission to the Roll of Advocates of the Court :
Provided, seventhly, that a pleader, who is not otherwise qualified to be enrolled as an Advocate, may be so enrolled if he has practised as a pleader for a period of not less than 15 years with ability and repute and his application for enrolment is recommended by the District Judge :
Provided, eighthly, that a graduate in Law of any University established by law in India may be enrolled as an Advocate on presenting a certificate that he has bona fide practised in one or more of the courts subordinate to the Allahabad High Court for a period of not less than three years.'
3. Sri Kameshwar Nath Verma has not furnished a certificate in terms of proviso 8 aforesaid. He has furnished a certificate signed by the Deputy Inspector-General of Police, Headquarters, U.P. saying that he has been working as an Assistant Public Prosecutor in the U.P. Police since April 18, 1952 and holds the post in substantive capacity from April 18, 1953.
4. It is evident from proviso 7 that it concerns a person who is not a graduate in Law and has not undergone any training for a year as provided by the Bar Council but is enrolled as a pleader and has practised as such for not less than 15 years; and it is further evident that proviso 8 concerns a graduate in Law who has bona fide practised in one or more of the courts subordinate to the Allahabad High Court for at least 3 years.
The words 'bona fide practised' in proviso 8 signify performance of an act by a person as a professional man which as a private individual or as a salaried official he could not do. Such a professional man is, in the context of proviso 8, a pleader on the Roll of plenders maintained under the Legal Practitioners Act who has been subject to the disciplinary superintendence and control of the court.
A 'Public Prosecutor' as defined in Section 4 (t) of the Code of Criminal Procedure appointed by the State Government under Section 492 of the Code is a person who is not a 'pleader' as defined in Section 4(r) of the Code and is not subject to the disciplinary jurisdiction or control of the Court.
5. As the State Government have no locus standi in any way to fetter the discretion of the High Court to take or not to take any action against an advocate under the Bar Councils Act or against a pleader under the Legal Practitioners Act and the matter is entirely within the discretion of the High Court, so the High Court has no power to fetter the discretion of the State Government to appoint generally or in any case, or for any specified class of cases, in any local area, one or more officers as public prosecutors.
A Public Prosecutor may not even be a graduate in Law. He need not have any legal training of the type which an advocate or a pleader has to undergo before he is brought on the Rolls only because he happens to be a graduate in Law, the discharge of his functions as a Public Prosecutor under Section 493 of the Code of Criminal Procedure will not in our opinion amount to 'bona fide practice' so as to attract proviso 8 of Rule 1 of the Rules framed under Section 9 of the Bar Councils Act.
6. The objection preferred by the Bar Council is upheld and the application shall be deemed to have been refused as laid down in Rule 8 Chapter XXIV of the Rules of the Court.