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VIKRAM NATH, SANDEEP MEHTA, VIJAY BISHNOI
Prem Pal Singh – Appellant
Versus
Disciplinary Committee of the Bar Council of India – Respondent
ORDER
1. Heard.
2. The appellant is enrolled with the Bar Council of Uttar Pradesh (For short “State Bar Council”) and is practicing as an Advocate at the Moradabad Courts. He has approached this Court by way of the instant statutory appeal under Section 38 of the Advocates Act, 1961, aggrieved of the order dated 13th March, 2024 passed by the disciplinary committee of the Bar Council of India in Disciplinary Committee Appeal No.81 of 2023.
3. Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow.
4. The respondent no.3-complainant is the brother-in-law of the appellant-advocate (sister’s husband) and is presently serving as an Inspector in GST Department. Discord is prevailing between the said respondent and his wife being the sister of the appellant-advocate. Multiple litigations are pending in the Courts arising from the said matrimonial strife.
5. The respondent no.3-complainant filed a complaint under Section 35 of the Advocates Act, 1961 before the State Bar Council arraigning the appellant-advocate herein as a respondent. The crux of the allegations in the complaint was that the appellant-advocate abused respondent no.3- complainant and threatene
Unwarranted conduct by Advocate – No action can be taken against Advocate on the basis of frivolous and motivated complaint.
Professional misconduct by Advocate – Disposal of a complaint received by State Bar Council under Section 35 within a period of one year from date of receipt of such complaint is mandatory.
The court quashed disciplinary proceedings against a lawyer, finding the complaint to be frivolous and lacking merit, with no professional relationship between the complainant and the petitioner.
The Bar Council can initiate suo motu disciplinary proceedings against advocates for misconduct, and the procedural requirements under Section 35 of the Advocates Act are not overly restrictive.
Professional misconduct by Advocate – No Advocate can be held guilty of professional misconduct merely on the basis of bald allegations contained in complaint.
The Bar Council must form a 'reason to believe' before referring a case for disciplinary action to ensure valid complaints against advocates.
(1) Professional misconduct by Advocate – Ordinarily, existence of a jural relationship between complainant and Advocate concerned is a precondition for invocation of disciplinary jurisdiction on the....
The court considered the futility of continuing disciplinary proceedings against an advocate due to age and inactive practice, leading to the quashing of the notice of hearing.
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