SC fines bar body with Rs 50k for entertaining frivolous complaint against lawyer

New Delhi, Sep 24 (PTI) An advocate, by mere attestation of the affidavit, does not become a privy to the contents of the affidavit, the Supreme Court on Wednesday said while imposing a cost of Rs 50,000 on the Bar Council of Maharashtra and Goa for entertaining a frivolous complaint against a lawyer.

The top court said the order passed by the bar body in directing registration of the complaint and in referring the same to the disciplinary committee for an inquiry was illegal, bordering on "perversity".

The apex court said it was a case of malicious prosecution of the advocate at the behest of the opponent litigant.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order on an appeal filed by the Bar Council of Maharashtra and Goa (BCMG) challenging a Bombay High Court order that stayed disciplinary proceedings against an advocate.

The top court said the order quashing the complaint in writ jurisdiction, does not, ex facie, suffer from any infirmity.

The complainant and, thereafter, the BCMG, have caused immeasurable grief and harassment to the respondent-advocate, it added.

"Cost of Rs 50,000 each is imposed on the complainant-petitioner Bansidhar Annaji Bhakad, and the BCMG. The said cost shall be deposited with the Registry of the Bombay High Court within a period of four weeks from today, from where the same shall be paid to the respondent-advocate," the bench held.

The case stems from a complaint filed before the Bar Council of Maharashtra and Goa alleging misconduct by the advocate in relation to settlement terms in a 1985 civil suit, in which the advocate represented the plaintiff.

The complainant further alleged that the advocates arraigned in the complaint were complicit being direct beneficiaries of the fraudulent transactions. PTI PKS PKS AMK AMK