Supreme Court Slams Bar Council for Frivolous Complaint

The Supreme Court censured the Bar Council of Maharashtra and Goa with a Rs 50,000 cost for filing a frivolous complaint against an advocate. The court deemed the proceedings as bordering on perversity, involving malicious prosecution of the advocate by the opponent litigant.

The Supreme Court delivered a stern rebuke to the Bar Council of Maharashtra and Goa on Wednesday, imposing a fine of Rs 50,000 for pursuing a baseless complaint against a lawyer. The apex court expressed that an advocate does not become privy to an affidavit's contents merely by attesting it, rebutting claims to the contrary.

Terming the Council's directive to register the complaint and refer it to the disciplinary committee as illegal and bordering on perversity, Justices Vikram Nath and Sandeep Mehta highlighted that the proceedings constituted a case of malicious prosecution driven by the opposing litigant.

The court further quashed the complaint within its writ jurisdiction, emphasizing that it did not present any visible legal infirmity. Both the complainant and the Bar Council were ordered to deposit the penalty at the Bombay High Court's Registry within four weeks for onward payment to the aggrieved advocate.

(With inputs from agencies.)