Mumbai: The Bombay High Court has issued a significant directive aimed at preventing the arbitrary suspension of a woman lawyer’s license, emphasizing the importance of procedural fairness and the protection of professional rights.
Bombay High Court Stays Suspension of Woman Lawyer’s License Amid Procedural Lapses
Chief Justice G.S. Kulkarni and Justice Advait M. Sethna made crucial observations regarding procedural irregularities in the Bar Council of India (BCI) proceedings.
The court was hearing a writ petition filed by a woman advocate against the Bar Council of Maharashtra and Goa and the Bar Council of India. Noting concerns about the complaint, the court observed, “The intent of the complainants appears to be something else and quite extraneous to the alleged incident of April 4, 2016.”
Legal Rights & Natural Justice: HC Flags Irregularities in Bar Council Proceedings
Addressing the suspension order, the court stated, “On April 14, 2024, an order was passed suspending the petitioner’s advocate license for two years. However, the petitioner received the order only on September 2, 2024—almost four months after it was issued.”
The court also highlighted legal and ethical concerns surrounding the disciplinary proceedings, stating, “A party to the proceedings not being informed of the jurisdictional authority that decides the complaint is fatal to all norms of fairness.”
In a specific directive, the court ordered, “Pending final disposal of the petition, the impugned order dated April 14, 2024, passed by Respondent No.2, the Bar Council of India, shall remain stayed.”
The court underscored the necessity of adhering to principles of natural justice, including the right to a fair hearing and protection of livelihood.
The petitioner’s counsel submitted that the complaint was filed more than one year and five months after the alleged incident, raising questions about its authenticity.
The court has directed the Bar Council to file a detailed reply and has allowed the lawyer to continue practicing until the final resolution of the matter.
Counsel Appearances:
For the Petitioner: Mr. Santosh Paul
For Respondent No.1: Mr. Yogendra Rajgor
For Respondent No.2: Mr. Shekhar Jagtap
Case Title: An Advocate vs. Bar Council of Maharashtra and Goa & Ors.
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