The Allahabad High Court recently overturned an order issued by the Uttar Pradesh Bar Council that barred advocate Sant Ram Rathore from practicing in Pilibhit district courts for one year [Sant Ram Rathod v. UP Bar Council Allahabad And Another].
A Bench comprising Justices Manjive Shukla and Shekhar B Saraf found that the Bar Council’s disciplinary action was unwarranted, given that the High Court had already accepted Rathore’s apology and dropped contempt of court proceedings against him.
The Court noted, “Once the coordinate Bench of this Court accepted the contemnor’s apology and ended the contempt proceedings, the matter should have been closed. The petitioner was permitted to return to the court premises and resume his practice. In light of this, we find no justification for the Bar Council to continue disciplinary proceedings and prohibit the petitioner from practicing.”
The High Court was addressing a petition filed by Rathore, challenging the Bar Council’s directive to suspend his practice for a year. It was noted that a previous Division Bench had condoned Rathore’s misconduct after accepting his apology, although it had also cautioned him due to past incidents of contempt and placed his conduct under the observation of the District Judge for two years.
In its September 10 ruling, the Court held that no further action should have been taken by the Bar Council regarding the same misconduct. It clarified, “If the petitioner were to commit any new misconduct, the Bar Council could take action. However, for the same misconduct that had been pardoned by the High Court, further disciplinary action should not have been pursued.”
The Court granted relief to Rathore by setting aside the Bar Council’s order and emphasized that the Bar Council would have the authority to act in accordance with the law if any future misconduct occurred.
Senior Advocate Pavan Kumar Pandey and advocate Ashok Kumar Rai represented Sant Ram Rathore, while advocate Ashok Kumar Tiwari appeared for the Uttar Pradesh Bar Council.
