The Supreme Court on Monday dismissed an appeal filed by a lawyer challenging the Bar Council of India’s (BCI) disciplinary action that suspended him from legal practice for seven years. The suspension was imposed after the lawyer was found guilty of driving his car into a hotel in Madurai, owned by the complainant.
A Bench comprising Justice Vikram Nath and Justice Sanjay Kumar heard the matter and upheld the BCI’s decision. During the hearing, Justice Nath observed, “See your conduct. As a lawyer you dashed your car into the hotel of the complainant. Lawyers need to be disciplined and not spoil the image of the entire profession.”
Background
The BCI had initially suspended the advocate for a period of one year following the misconduct. Dissatisfied with the leniency of the punishment, the complainant approached the Supreme Court. However, the Court dismissed the complainant’s appeal, stating there was no reason to interfere with the BCI’s order.
Subsequently, the complainant filed a review petition before the Bar Council of India. Upon review, the BCI enhanced the suspension period from one year to seven years.
Arguments Before the Supreme Court
Advocate Abhinav Agrawal, appearing for the suspended lawyer, contended that the BCI’s disciplinary committee lacked jurisdiction to entertain a review once the Supreme Court had already dismissed the complainant’s appeal on the merits.
He relied on the Court’s earlier dismissal order, arguing that the issue had attained finality with respect to the original punishment.
However, the Bench did not accept this contention. The judges noted that the lawyer had violated the original one-year suspension order by filing a vakalatnama during the suspension period. The Bench took a serious view of this breach, reinforcing the necessity for strict professional discipline in the legal fraternity.
Decision
Dismissing the appeal, the Supreme Court upheld the enhanced punishment imposed by the Bar Council of India.
