Bar Council (Maharashtra) suspends Advocate’s license for wearing band in public

Bar Council (Maharashtra) suspends Advocate’s license for wearing band in public

The Bar Council of Maharashtra and Goa's disciplinary committee (BCMG) suspended the practicing license of advocate Gunratan Sadavarte for two years after holding him guilty of misconduct under section 35 of the Advocates Act.

The complaint against the lawyer stated that he wore the attire of an advocate i.e a black coat with band at public events including an agitation by Maharashtra State Road Transport Corporation employees last year.

After advocate Sushil Manchekar, former president of the Pimpri Court Bar Association, lodged a complaint against Mr. Sadavarte with the BCMG, a three-member committee initiated disciplinary proceedings against him.

The committee comprising BCMG chairman Gajanan Chavan and advocates Kaiser Ansari and Sangram Desai heard the complaint wherein it was alleged that Sadavarte made “obnoxious” statements during the MSRTC employee’s strike and misled protestors which resulted in many protestors committing suicide.

After that, the Bar Council on 07th February 2023 issued a notice to Sadavarte informing him about the disciplinary proceedings to enquire into complaints against him and asked him to respond to the complaint. The lawyer, however, filed a petition in the Bombay high court challenging the proceedings.

In his response to the complaint about wearing a band in public places, he stated that a similar complaint was filed against him by Maratha reservation activists which came to be dismissed. Hence, present proceedings on the same grounds would amount to “double jeopardy.”

The response added that the 2nd inquiry was based on political vendetta and would frustrate the spirit of the Advocates Act as he had represented the petitioner who had challenged the Maratha reservation, which the Supreme Court has struck down.

The HC had refused to interfere in the disciplinary proceedings and stated that Sadvarte could not be given any special treatment merely for being an advocate and alleging that the complaint was politically motivated. The court also held that there was no infirmity in the notice issued by the BCMG wherein he was asked to remain present before the panel.

Sadavarte has been an active advocate who had filed an interim application on behalf of a petitioner in the Maratha Reservation petition which was heard at length by the division bench of Bombay HC headed by justice Ranjit More.

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