New Delhi, Sep 23 The Supreme Court has upheld the three-year suspension of an advocate from practice, imposed by the Bar Council of India (BCI), for making scandalous allegations against a woman complainant.
A bench of Justices Surya Kant and Joymalya Bagchi dismissed the statutory appeal filed by advocate Manoj Kumar Sharma and refused to grant him any relief.
The apex court was hearing a statutory appeal against the BCI’s December 2023 order holding the appellant Sharma guilty of professional misconduct and suspending him from the roll of advocates for three years.
The Justice Surya Kant-led Bench observed that the lawyer had indulged in "serious misconduct", which warranted no leniency from the apex court.
"Having regard to the serious misconduct carried out by the appellant-advocate, who appears to be an obstinate character in making scandalous allegations against the respondent-complainant, we do not want to take any lenient view. The appeal is accordingly dismissed with a cost of Rs 1 lakh," it ordered.
The bench not only affirmed the suspension but also directed the recovery of costs from Sharma.
"The Collector, Agra, is directed to attach the properties of the appellant for recovery of the cost amount, which shall be paid to the respondent (Priyanka Bansal) as compensation within a period of three months," it ordered.
Additionally, the Supreme Court asked the BCI not to renew Sharma’s license without its prior permission and to submit a compliance report upon completion of his suspension period.
"The Bar Council is directed not to renew the license of the appellant without prior permission of this Court. It is further directed that after the appellant undergoes the sentence already awarded to him, a report in that regard shall be supplied to the Secretary General of this Court," the top court ordered.
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