Karnataka HC Stays Disciplinary Proceedings Against Advocate Who Allegedly Abused Law Professor

The Karnataka High Court on Wednesday by way of interim order stayed the disciplinary proceedings initiated by Karnataka State Bar Council against an advocate on charges of professional misconduct after a law professor complained that he was called 'monkey and donkey' by the advocate.

The advocate had approached the court seeking to quash the entire proceedings and the notice issued and the complaint registered by a law professor. The counsel for the petitioner argued that the Respondent No 2 (complainant) is a habitual complainant and has registered a crime against the petitioner for offence punishable under section 323 and 504 of IPC. The said crime has been stayed by this court and the said interim order is in operation.

However, after the stay order the complaint lodged a complaint with the State Bar Council. It is alleged in it that the petitioner has abused the complaint with vulgar language, calling him monkey and donkey. Therefore the bar council has taken up the complaint on the said vulgarity of language that has been used by the petitioner.

Justice M Nagaprasanna on going through the averments and considering the submission made by the counsel for the petitioner issued notice to the respondents said “I do not find any ingredients of professional misconduct as necessary for the bar council disciplinary committee to take proceedings against the petitioner albeit prima facie. Therefore, there shall be an order of interim stay as prayed for. Emergent notice to the respondents.”

While seeking to quash FIR registered by complainant in other proceedings the petitioner had contended that the case registered against the petitioner is a non-cognizable offence. When permission is sought from the Magistrate to investigate the matter, learned Magistrate did not apply his judicious mind, except referring to the requisition received, nothing is stated in the order, whether it requires investigation and registration of case. A formal order has been passed mentioning that as alleged offences are non-cognizable offence, it is proper to direct the jurisdictional police to investigate the case by registering the FIR and there is no subjective satisfaction with regard to granting of permission.

A coordinate bench of court vide its order dated December 24, 2024 had said, “Having taken note of the order passed by the learned Magistrate, it is appropriate to stay the proceedings till the next date of hearing.” The same has been continued till now.