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Justice for the Bar – SC shields Advocate from harassment

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The respondent-advocate was not representing the complainant or his predecessors. The respondent Advocate simply identified the plaintiff being the authorized representation in the consent terms which is not disturbed to date.

However, the complainant had filed complaint for professional misconduct against the said respondent – advocate for the opposite party.

By the Order dated 6.7.2023 of the Bar Council of Maharashtra and Goa, the complaint against the Respondent – Advocate was referred to its Disciplinary Committee for alleged professional misconduct under Section 35 of the Advocates Act.

However, this was stayed by the High Court by the interim order dated 4.11.2023 and same is challenged in the Supreme Court.

HELD that the Respondent Advocate had admittedly not represented the complainant and thus, the complaint filed against the advocate for the opposite party is nothing short of a gross abuse of process of law.

When the regulatory body like the Bar Council intends to proceed for professional misconduct against an enrolled Advocate, then it is essential that at least a bare minimum discussion of allegations set out in the complaint is made before referring the complaint to the Disciplinary Committee.

Thus, on mere identification of the plaintiff, the respondent – advocate cannot be held liable to face proceedings under Section 35 of the Advocates Act, 1961.

There existed no professional relationship between the respondent – advocate and the complainant.  His prosecution, as being law of the opposite in the suit before the High Court, was highly objectionable, totally impermissible and absolutely uncalled for.  Ordinarily the existence of a jural relationship between the complainant and the advocate concerned is a precondition for the invocation of disciplinary jurisdiction on the ground of professional misconduct.

Judgment dated 24.9.2025 of the Supreme Court of India in SLP (Civil) No.27606 of 2023 of Bar Council of Maharashtra and Goa   Vs.   Rajiv Nareshchandra Narula and others with connected matters.

 

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