In a firm decision, the Supreme Court upheld a five-year suspension levied by the Bar Council of India against an advocate found guilty of misconduct, while also rejecting any leniency for his decision to contest Bar Association elections in Uttar Pradesh during his suspension period.
The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, dismissed the appeal filed by the advocate, who was initially suspended by the disciplinary committee of the Bar Council of India on March 11, 2022. The focal point of contention during the hearing was the advocate’s active participation in the Bar Association elections despite being under suspension.
Chief Justice Khanna criticized the advocate’s actions during the suspension, noting his social media activity and involvement in the election process. “You were wearing the band, you were posting thank you messages online,” the CJI remarked during the proceedings. “By standing in the election, the way you behaved, you don’t deserve any sympathy….people voted, you asked for donations also,” he added, indicating the severity of the advocate’s disregard for the rules of the legal profession.
The counsel for the suspended advocate pleaded for a reduction in the suspension period, citing the nearly three years already served and its impact on the advocate’s livelihood. However, the Supreme Court was unmoved by these arguments, stating clearly in their order: “Having regard to the conduct of the appellant, we do not find any good ground to interfere in the quantum of the sentence and hence the appeal is dismissed.”
