The Supreme Court recently expunged adverse remarks made against an advocate by the Bar Council of India (BCI) during disciplinary proceedings, observing that such comments were unwarranted after the complaint of professional misconduct against him had already been dismissed by the concerned State Bar Council.
The Bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi held that once both the State Bar Council had found no merit in the allegations against the advocate, there was no justification for the BCI to issue a warning against him.
The matter arose from a complaint filed under Section 35 of the Advocates Act, 1961, against an advocate practicing in courts in Moradabad district, Uttar Pradesh. The complainant, who was the husband of the advocate’s sister, alleged that the advocate had threatened and intimidated him amid tensions arising out of an ongoing matrimonial dispute between the complainant and the advocate’s sister.
The Uttar Pradesh State Bar Council dismissed the complaint after concluding that it was false, frivolous and motivated by mala fide intentions aimed at harassing the advocate. The State Bar Council also imposed costs of Rs 25,000 on the complainant.
The complainant subsequently challenged the decision before the BCI, which refused to interfere with the findings of the State Bar Council and upheld the dismissal of the complaint. It further set aside the costs imposed on the complainant. However, while dismissing the appeal, the BCI also issued a warning to the advocate, observing that he should refrain from engaging in any conduct involving threats or intimidation against the complainant.
Aggrieved by these remarks, the advocate approached the Supreme Court under Section 38 of the Advocates Act.
Allowing the appeal, the Apex Court noted that both disciplinary committees had concurrently found the allegations against the advocate to be without merit. It held that the BCI had exceeded its jurisdiction by recording adverse observations despite affirming the State Bar Council’s decision dismissing the complaint. The Bench also pointed out that the complainant had accepted the concurrent findings of both disciplinary bodies and had not challenged them before any forum. Accordingly, the Supreme Court quashed and expunged the warning and adverse observations made against the advocate by the BCI.
The post BCI cannot reprimand lawyers if misconduct is unproven: Supreme Court appeared first on India Legal.