The Disciplinary Committee of the Bar Council of India (BCI) has stayed the operation of a five-year suspension imposed on an advocate by the Bar Council of Uttar Pradesh, pending the next date of hearing in an appeal challenging the disciplinary action.
Appeal Against Professional Misconduct Finding
The appeal was filed under Section 37 of the Advocates Act, 1961 against an order of the State Bar Council that had held the advocate guilty of professional or other misconduct and directed suspension from the roll of advocates for five years. The matter was heard in hybrid mode by a three-member bench led by Chairman Ved Prakash Sharma, along with members Dilip Kumar Patel and Mayank Garg.
The appellant appeared in person with legal representation from R.H.S. Sikandar, while no one appeared on behalf of the respondent at the time of proceedings.
Delay Condoned by Committee
Notably, the appeal was filed with a delay of 28 days. The appellant submitted an application seeking condonation of delay supported by an affidavit. After reviewing the submissions and the grounds presented, the Committee condoned the delay, allowing the appeal to proceed on merits.
Allegations of Ignoring Evidence and Violating Natural Justice
Counsel for the appellant argued that the State Disciplinary Committee had passed the impugned order without properly appreciating the evidence placed on record. It was further contended that the order was untenable and contrary to the principles of natural justice.
A key defense raised by the appellant was the absence of an advocate-client relationship between the appellant and the complainant, a factor that could significantly impact the determination of professional misconduct.
After perusing the impugned order, memorandum of appeal, and annexed documents, the Committee found sufficient grounds to issue notice to the respondent.
Interim Relief Granted
Importantly, the appellant also sought a stay on the operation of the suspension order. Granting interim relief, the Disciplinary Committee directed that the operation of the impugned order shall remain until the next hearing.
