'You Deserve No Sympathy': Supreme Court Dismisses Plea Of Advocate Who Contested Bar Elections While Under Suspension From Practice

The Supreme Court today (December 3) refused to interfere in the order of the Bar Council of India which suspended an advocate for 5 years over misconduct. The Court also took a serious view of the fact that the advocate contested Bar Association elections in Uttar Pradesh during the suspension period. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing an appeal filed by an advocate who was suspended for 5 years by the disciplinary committee of the Bar Council of India in an order dated March 11, 2022 on account of misconduct. 

The bench noted that while the advocate was under suspension, he had participated and fought the Bar Association Elections. The CJI took a stern view of Katiyar's conduct. 

"You were wearing the band, you were posting thank you messages online. (during contestation of elections)" 

"By standing in the election, the way you behaved, you don't deserve any sympathy....people voted, you asked for donations also," the CJI expressed verbally. 

The Counsel for the petitioner urged for reducing the suspension period of 5 years, considering that he had already undergone 2.9 years of suspension as it was affecting his livelihood.  

The dismissed the appeal by recording the following order: 

"Having regard to the conduct of the appellant, we do not find any good ground to interfere in the quantum of the sentence and hence the appeal is dismissed."  

Case Details : AKSHAYA KATIYAR vs. AJAY KUMAR SAHU| C.A. No. 007313 - / 2022