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Supreme Court Upholds Bar Council’s Seven-Year Suspension of Lawyer, Stresses on Professional Discipline

27 May 2025 12:34 PM - By Vivek G.

Supreme Court Upholds Bar Council’s Seven-Year Suspension of Lawyer, Stresses on Professional Discipline

The Supreme Court of India, on May 26, upheld the Bar Council of India’s (BCI) decision to suspend an advocate from legal practice for seven years, citing the importance of maintaining discipline within the legal profession.

The decision came after the lawyer had dashed his car into a hotel owned by the complainant in Madurai. Initially, the BCI had imposed a one-year suspension on the lawyer. However, the complainant, dissatisfied with the lenient punishment, challenged the decision before the Supreme Court. The Court had then dismissed the complainant’s appeal, stating there was no reason to interfere with the BCI’s order of a one-year suspension.

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Following this, the complainant sought a review petition before the BCI, and the BCI, upon review, enhanced the suspension period to seven years. The lawyer then approached the Supreme Court challenging the BCI’s revised punishment.

A bench comprising Justice Vikram Nath and Justice Sanjay Kumar heard the case and ultimately dismissed the appeal filed by the lawyer.

During the hearing, the lawyer’s counsel, Advocate Abhinav Agrawal, argued that the BCI’s disciplinary committee had no authority to entertain a review petition after the Supreme Court had already dismissed the complainant’s earlier appeal on merits.

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Agrawal relied on the Supreme Court’s earlier order which had dismissed the complainant’s appeal, affirming the initial one-year suspension. However, the bench noted that the lawyer’s conduct, particularly violating the initial suspension by filing a vakalatnama during that period, was inappropriate.

Quoting Justice Vikram Nath, the Court 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.”

The bench emphasized that the disciplinary authority of the BCI extends to reviewing its own decisions if justified by the facts and conduct of the case. The Court found no reason to interfere with the BCI’s enhanced punishment of seven years of suspension.

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In the final ruling, the Supreme Court dismissed the lawyer’s appeal, reinforcing the need for lawyers to uphold the dignity of their profession and avoid actions that tarnish its image.

The judgment highlights a critical message for the legal community: maintaining professional discipline is paramount, and any conduct that harms the profession’s reputation will not be taken lightly.

The Supreme Court concluded:
“Professional misconduct cannot be condoned. Disciplinary actions are essential to preserve the credibility of the legal profession.”

This decision serves as a clear reminder to advocates to adhere to ethical standards and maintain the integrity of the legal practice.

Case no. – C.A. No. 7096/2025 Diary No. 28536 / 2025

Case Title – R. Karmegam v. Hariharasudan