In a significant development, the Disciplinary Committee of the Bar Council of India (BCI) has overturned a five-year suspension order issued against Advocate Nitin Kumar Saxena by the Bar Council of Uttar Pradesh. The petition, filed by Saxena, challenged the 2023 suspension order, alleging procedural errors and jurisdictional overreach.
The case, identified as B.C.I. Tr. Case No. 59/2024, revolved around allegations made by the complainant, Smt. Geeta Sahu, accusing Saxena of fraud, interference in her family affairs, and misuse of his position as an advocate. However, the alleged incidents occurred between 2015 and 2018, predating Saxena’s enrollment as an advocate in 2020.
Key Findings by the Committee
The Disciplinary Committee, chaired by Mr. Rami Reddy and comprising members Dr. Amit K. Vaid and Mr. Rakesh Kumar Acharya, highlighted several inconsistencies in the case:
1. Jurisdictional Limitations: The Bar Council of Uttar Pradesh lacked authority to adjudicate actions allegedly committed before Saxena’s enrollment as an advocate.
2. Delay in Filing the Complaint: The complaint, filed in 2022, was deemed delayed and lacked any substantiating police reports or prior complaints from the period in question.
3. Insufficient Evidence: Bank statements provided by the complainant did not align with her allegations or support claims of financial misconduct by Saxena.
Committee’s Decision
The BCI set aside the suspension order, citing gross errors by the Bar Council of Uttar Pradesh in its decision-making process. The committee concluded that the allegations fell outside the scope of its jurisdiction and lacked credible evidence.
The case has been remanded to the Bar Council of Uttar Pradesh with instructions to return the records.
