K.C.Agrawal, J. - (1.) An application under Section 439 Cr. P.C was filed for grant of bail by, Shaitan Singh in a case under Section 302, I.P.C. through Shri M.M. Singhvi, Advocate. Opposing his appearance as an Advocate, Shri S.D. Rajpurohit, counsel for the applicant, contended that as his son is a Judge in the Rajasthan High Court, he was debarred from filing the application and pleading on his behalf in the High Court. He relied on Rule 6 of the Bar Council of India Rules.
(2.) Rule 618 published in Gazette dated 21.8.1965, reads as under: An Advocate shall not practice before a Judge sitting alone or a Bench of Judges, if the Judge or any Member of the Bench is related to the Advocate as husband, father, grandfather, son; grand-son, brother, father-in-law, son-in-law, brother-in-law, uncle, nephew, first cousin, wife, mother daughter, sister, mother-in-law, daughter-in-law, sister-in-law, aunt or niece. The Bar Council of India framed Rules in super session of the existing Rules by publishing the same in Gazette of India dated 6.9.1975, in which Rule 6 reads as under: An Advocate shall not practice before a, court, Tribunal or Authority mentioned in Section 30 of the Act, sitting alone or otherwise, if the sole or any member thereof is relating to the Advocate as Husband, father, grand father, son, grand son, brother, father-in-law, son in- law, brother-in-law, uncle, nephew, first cousin, wife, mother, daughter, sister, mother-in- law, daughter-in-law, sister-in-law aunt, niece. The aforesaid Rule 6 was further amended w.e.f. 29.4.1978 which reads as under. An Advocate shall not enter appearance, act, plead, or practise in any way before a Court or Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the Advocate as father, grand father, son, grand-son, uncle; brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, 'brother-in-law, daughter-in-law or sister-in-law. By means of resolution No. 11/1991 the following proviso was added to Rule 6: Resolution No. 11/1991 Resolved that the following proviso be added to Rule 6 of the Rules in Part VI Chapter II: For the purposes of this rule, Court shall mean a, Court, Bench or Tribunal in which above fil mentioned relation of the Advocate is a Judge, Member or the Presiding Officer.'
(3.) The learned counsel for the applicant urged that Rule 6 puts a complete bar on an advocate whose son is a Judge in the Court from accepting appearance on behalf of one of the sides. He contended that the object behind the bar is to secure to all citizens fair justice guaranteed in the Preamble of the Constitution.;