Nagpur: According to a report published in a local English daily, the Nagpur Bench of the Bombay High Court has taken serious note of a lawyer’s controversial remark describing court proceedings as “judicial terrorism” and has initiated steps that could lead to disciplinary action by the Bar Council of Maharashtra and Goa.
A Division Bench comprising Justices Anil Pansare and Rajnish Vyas issued a show-cause notice to the advocate from Amravati, asking why his conduct should not be referred to the Bar Council for professional misconduct. The lawyer has been directed to file his reply by July 28.
The incident occurred during the hearing of a writ petition filed by a retired private school employee seeking payment of pending salary, provident fund and gratuity. The petitioner had also requested the court to direct authorities to withdraw the school’s recognition if the dues remained unpaid.
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During the proceedings, the court asked the petitioner’s counsel to point out the legal provision that empowered the High Court to order withdrawal of the school’s recognition. As no statutory provision was cited, the bench directed the petitioner to deposit ₹50,000 within a week, failing which the writ petition would stand dismissed.
It was after this direction that the advocate allegedly remarked that the proceedings amounted to “judicial terrorism.” Taking strong exception, the bench observed that the statement was “wholly unwarranted”, “unbecoming of a member of the Bar”, and amounted to an attack on the dignity and sanctity of the judiciary.
Instead of initiating contempt proceedings, the High Court decided to consider referring the matter to the Bar Council of Maharashtra and Goa for examination of alleged professional misconduct. The Bar Council may be asked to conduct an inquiry and submit its report within 12 weeks if the reference is made.
The court has, however, kept the petition alive, giving the petitioner an opportunity to continue with the case upon depositing the ₹50,000 costs within the stipulated period.
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