The Karnataka High Court has issued an interim order staying the disciplinary proceedings initiated by the Karnataka State Bar Council against an advocate accused of professional misconduct. The complaint, filed by a law professor, alleged that the advocate used derogatory language, referring to him as a 'monkey' and 'donkey.'
The advocate approached the High Court, seeking to quash the entire disciplinary proceedings, including the notice and complaint filed against him. His counsel argued that the complainant (Respondent No. 2) is a habitual complainant who had earlier filed a criminal case against the advocate under Sections 323 and 504 of the Indian Penal Code (IPC). That case had already been stayed by the High Court, and the stay order remains in effect.
"I do not find any ingredients of professional misconduct as necessary for the Bar Council disciplinary committee to take proceedings against the petitioner albeit prima facie. Therefore, there shall be an order of interim stay as prayed for. Emergent notice to the respondents."
Following this stay order, the law professor lodged another complaint with the Karnataka State Bar Council, alleging that the advocate used vulgar language. Based on this complaint, the Bar Council initiated disciplinary proceedings against the advocate for professional misconduct.
After reviewing the case details and submissions, Justice M. Nagaprasanna stated:
The advocate had also filed a petition to quash the FIR registered by the complainant in another case, arguing that the charges were non-cognizable. The petitioner contended that the Magistrate had granted permission for investigation without proper judicial application of mind. The Magistrate’s order merely referred to the requisition received and did not provide any reasoning on whether the case required investigation and registration of an FIR.
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A coordinate bench of the High Court had previously, on December 24, 2024, noted:
"Having taken note of the order passed by the learned Magistrate, it is appropriate to stay the proceedings till the next date of hearing."
This stay has continued until the present date.
The case remains under judicial review, with further hearings expected in due course.