Bar Council Should Check Bonafide of Complaints Filed Against Opposite Party's Lawyer: Bombay High Court
The division bench said that the Bar Council of India and the State bar should check the bonafide of the complaints made against lawyers by opposite litigants.
;A Division Bench of the Bombay High Court comprising Justice GS Patel and Justice Neela Gokhale showed concern regarding litigants filing complaints against the opposite party's counsel.
The division bench said that the Bar Council of India and the State Bar Council should check the bonafide and veracity of the complaints filed by the litigants.
The high court also said that such allegations and complaints are causing mental depression in young laywers. The court said,
"Somewhere we heard an Advocate on Record got clinical depression and could not practice for 6-8 months. One of our lawyers who have standing in the bar got a complaint against him. Why should his lawyer be traumatized like this?"
Justice Patel said that the Bar Council should have read the complaints as well as the allegations.
"Both should address first on the bonafide of the complainant. The trend now is that litigant files complaint against opponent lawyers. You do it against your own, I understand. But opponent?! They say the opponent's lawyer said something I don't like. Is it his job to look after your (complainant's) case?" the court questioned.
The observations were made when the division bench was hearing a petition against a complaint filed before the State Bar Council. After the bar did not proceed against the complaint, the complainant approached the Bar Council of India and the matter was reprimanded back to the state bar.
Subsequently, the lawyer against whom the complaint was filed approached the high court and the proceedings were stayed in 2005. The complainant died in the meantime.
Justice Patel said,
"What is the Bar Council going to do? The complainant has gone to his maker. Even if the State Bar hears the complaint every day, it will be adjourned. They will adjourn it saying 'call the complainant' who will not be there. So what remains to be argued? It is pending since long. Even Bar Council cannot serve notice to a dead person. I mean, there is only one way to do it!"