Bar Council suspends lawyer’s license for wearing band in public

The disciplinary committee of the Bar Council of Maharashtra and Goa (BCMG) has suspended the exercise license of suggest Gunratan Sadavarte for a duration of years after retaining the attorney responsible of misconduct beneathneath phase 35 of the Advocates Act.

The criticism in opposition to the attorney said that the suggest wore reliable apparel of an suggest i.e a black coat with band at public occasions which include an agitation through Maharashtra State Road Transport Corporation (MSRTC) personnel remaining year. A member of the BCMG showed the suspension, however the reproduction of the selection might be made to be had in due course.

After suggest Sushil Manchekar, former president of the Pimpri Court Bar Association, lodged a criticism in opposition to Sadavarte with the BCMG, a three-member committee initiated disciplinary court cases in opposition to him.

The committee comprising of BCMG chairman Gajanan Chavan and advocates Kaiser Ansari and Sangram Desai heard the criticism in which it changed into alleged that Sadavarte made “obnoxious” statements all through the MSRTC employee`s strike and misled protestors which resulted in lots of protestors committing suicide.

Thereafter the BCMG on February 7, 2023 issued a note to Sadavarte informing him approximately the disciplinary court cases to investigate into proceedings in opposition to him and requested him to reply to the criticism. The attorney, however, filed a petition withinside the Bombay excessive courtroom docket difficult the court cases.

In his reaction to the criticism approximately sporting a band in public locations, Sadvarte said that a comparable criticism changed into filed in opposition to him through Maratha reservation activists and identical got here to be dismissed, and for this reason gift court cases at the identical grounds might quantity to “double jeopardy.”

The reaction introduced that the second one inquiry changed into primarily based totally on political vendetta and might frustrate the spirit of the Advocates Act as he had represented the petitioner who had challenged the Maratha reservation, which has been struck down through the Supreme Court.

The HC had, however, refused to intrude withinside the disciplinary court cases and said that Sadvarte couldn’t take delivery of any unique remedy simply for being an suggest and alleging that the criticism changed into politically motivated. The courtroom docket additionally held that there has been no illness withinside the note issued through the BCMG in which he changed into requested to stay gift earlier than the panel.

Section 35 of Advocates Act, 1961, gives for punishment of advocates for misconduct. It states that, in which on receipt of a criticism or in any other case a State Bar Council has motive to agree with that any suggest its roll has been responsible of expert or different misconduct, it shall refer the case for disposal to its disciplinary committee.

According to the regulations an suggest must now no longer put on bands or robes in public locations apart from in Courts, besides on such ceremonial events and such public locations because the Bar Council of India or as a Court might also additionally prescribe.

Sadavarte has been an energetic suggest who had filed an meantime software on behalf of a petitioner withinside the Maratha Reservation petition which changed into heard at period through the department bench of Bombay HC headed through justice Ranjit More.

The petition filed through his wife, Dr Jayashri Patil, withinside the Bombay HC searching for instructions in opposition to Malabar Hill police station for now no longer registering her criticism in opposition to former domestic minister Anil Deshmukh have become the floor for the courtroom docket to direct the CBI to behavior a initial inquiry into the allegations of corruption levelled through former Mumbai police commissioner Param Bir Singh. The enquiry subsequently brought about registration of the FIR through the primary business enterprise in opposition to Deshmukh.

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