1. Suspension/expulsion of advocates by Supreme Court Bar Association — Revocation of such disciplinary action. (Para 1 , 2 )
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2002 Supreme(SC) 2391
SUPREME COURT OF INDIA
S.P. Bharucha, CJI., Syed Shah Mohammed Quadri, U.C. Banerjee, S.N. Variava, Shivaraj V. Patil, JJ.
EX-CAPT. Harish Uppal - Petitioner
Versus
Union of India & Anr. – Respondents
W.P.(C) No. 132 of 1988 with W.P.(C) No. 394 of 1993, W.P.(C) No. 821 of 1990, W.P.(C) No. 320 of 1993, Cont. Pet. (C) No. 81 of 2000 in W.P.(C) No. 821 of 1990, Cont.Pet.(C) No. 88 of 2000 in W.P.(C) No. 821 of 1990, W.P.(C) No. 406 of 2000
Decided On : 31-01-2002
Important Points
Interlocutory applications seeking relief against the suspension or expulsion of advocates become infructuous once such suspensions or expulsions are revoked.
Subject
Civil Law - Legal Profession
Headnote
(A) Legal Profession - Suspension of advocates - Revocation of suspension - Interlocutory applications filed in relation to the suspension of advocates are disposed of as infructuous once the suspensions are revoked. (Para 1)
(B) Bar Association - Revocation of expulsion - Resolution by a professional association to revoke expulsion of its members. (Para 2)
Facts of the case:
Certain advocates had been under suspension. Subsequently, the suspensions were revoked, and the professional association of the bar resolved to revoke the expulsion and suspension of other members. In light of these developments, the status of pending interlocutory applications in a writ petition was considered.
Findings of Court:
The court found that the interlocutory applications regarding the suspensions of the advocates did not survive for consideration and had become infructuous.
Issues: Whether the interlocutory applications in the writ petition remained maintainable after the revocation of the suspensions of the concerned advocates.
Ratio Decidendi: When the primary grievance (suspension) is removed via revocation, any interlocutory application seeking relief related to that suspension becomes infructuous as there is no longer a live dispute to adjudicate.
Result: Interlocutory applications disposed of as infructuous; matter adjourned for six weeks.
(B) Bar Association - Revocation of expulsion - Resolution by a professional association to revoke expulsion of its members. (Para 2)
Facts of the case:
Certain advocates had been under suspension. Subsequently, the suspensions were revoked, and the professional association of the bar resolved to revoke the expulsion and suspension of other members. In light of these developments, the status of pending interlocutory applications in a writ petition was considered.
Findings of Court:
The court found that the interlocutory applications regarding the suspensions of the advocates did not survive for consideration and had become infructuous.
Issues: Whether the interlocutory applications in the writ petition remained maintainable after the revocation of the suspensions of the concerned advocates.
Ratio Decidendi: When the primary grievance (suspension) is removed via revocation, any interlocutory application seeking relief related to that suspension becomes infructuous as there is no longer a live dispute to adjudicate.
Result: Interlocutory applications disposed of as infructuous; matter adjourned for six weeks.
Legal Category Hierarchy
Table of Contents
2. Revocation of suspension/expulsion of advocates by the Bar Association; proceedings disposed of as infructuous; matter adjourned. (Para 1 , 2 , 3 )
3. What is the effect of the Supreme Court Bar Association revoking the expulsion or suspension of an advocate?
The court accepted the revocation and disposed of related applications as infructuous. (Para 1 , 2 )
JUDGMENT :
1. The suspension of Mr. Bikash Ranjan Bhattacharya and Ms. Mita Mukherjee, advocates, has been revoked. The interlocutory applications in this regard in Writ Petition (C) No. 821 of 1990 do not survive for consideration and are disposed of as having become infructuous.
2. We are informed that the Supreme Court Bar Association has, by its Resolution dated 18th January, 2002, resolved to revoke the expulsion/suspension of Mr. Shanti Bhushan, Mr. Ram Jethmalani and Kamini Jaiswal.
3. Adjourned for six weeks.
