Bhan, J. - (1.)This appeal has been filed by Vikas Deshpande, advocate hereinafter referred to as the appellant, under Section 38 of the Advocates Act, 1961 (for short the Act) against the final order passed by the Disciplinary Committee of the Bar Council of India in BCI/TRC No. 51 of 1995, dated 3rd January, 2001. By the impugned order the Bar Council of India has permanently debarred the appellant from practising as an advocate for the commision of a grave professional misconduct and also imposed the cost of Rs.25,000/-.
(2.)Facts : Ramrao Chandoba Jadhav, Vidyadhar Ramrao Jadhav and Chandrakant Ramdeo Jadhav (all deceased), hereinafter referred to as "the complainants", were prosecuted for committing murder of six persons on 16th December, 1990 at village Mandgi, Taluka-Degloor, District-Nanded. Complainants requested the Sessions Court for appointment of an advocate as amicus curiae to defend them as they were unable to engage an advocate because of their porverty. Sessions Court appointed Shri S. V. Ardhapurkar, Advocate as amicus curiae to defend the complainants. Sessions Court after trial found the complainants guilty of the offence charged with and awarded them death penalty by an order dated 30th August, 1991. On the same date the appellant contacted the complainants in Yervada Central Prison where they were lodged. Appellant took the copies of the judgment from the complainants and obtained their thumb impression and signatures on the Vakalatnama to prefer an appeal in the High Court of Bombay at Aurangabad Bench. Appellant told the complainants that he would not be charging any fee as he was doing this to make a name for himself.
(3.)On 10th October, 1991 appellant visited the Yervada Central Prison again and obtained their signatures on some stamp papers. The deed was not read over to the complainants nor the contents were made known to them. Complainants signed and put their thumb impression on the documents in good faith.