Following a sexual harassment complaint by a female lawyer, the Karnataka High Court has nullified the State Bar Council's ruling to suspend a lawyer from practicing in all courts nationwide.
Justice M Nagaprasanna directed the Karnataka State Bar Council to afford the accused lawyer an opportunity to present his case and address any objections. The lawyer is instructed to submit these objections by January 10, following which the Bar Council will reconsider and make a new determination.
Following a complaint filed by a female advocate on September 2, 2023, H. Manjunath received notice on September 21.
Upon his request for 10–14 days to present his explanation, the Council delayed for 30 days before issuing a suspension order in November 2023. Manjunath challenged this decision in the High Court, which resulted in his nationwide practice suspension.
He argued before the Court that he learned about the suspension order only through social media and that the Bar Council failed to grant him a fair chance to defend himself. He further argued that the complaint should have been directed to the Prevention of Sexual Harassment (POSH) Committee, given its allegations of sexual harassment against an advocate.
Upon reviewing the arguments presented, the Court determined that the petitioner was not given a fair chance to present his defense regarding the complaint. The Court highlighted the significant civil and professional ramifications that such an action would have for the petitioner.
Therefore, the Court deemed it suitable to provide the petitioner with an extended period to lodge his objections.
H. Manjunath personally appeared before the court, while Advocate Nataraj G. stood for the State Bar Council. Advocate Mahesh Arkalgud represented the complainant, and Advocate Anu Chengappa represented the POSH Committee.
Case Title : H Manjunath v. Karnataka State Bar Council & Anr
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