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Synopsis

The Bar Council of Uttar Pradesh recently took a stern stance against a lawyer, suspending his license for five years for professional misconduct.

This stringent action was prompted by the lawyer's alleged misconduct while discharging the role of a mediator in a matrimonial dispute. Without being counsel of the husband, the lawyer had received money from him in his personal bank accounts. It had been alleged that the lawyer had conspired against the husband with the wife and threatened him in court premises as well. 

A complaint was filed by one Geeta Sahu on October 21, 2022 pertaining to a matrimonial dispute involving her son, Himanshu Gupta, and his wife, Rini Sahu. In the midst of this family conflict, Nitin Saxena, an advocate representing the maternal side, allegedly interfered with dubious intentions.

According to the complaint, Rini Sahu informed Himanshu Gupta that Nitin Saxena was involved in land-related matters within the city. Consequently, Himanshu asked Nitin to help him acquire land in Allahabad.

Subsequently, Nitin Saxena purportedly offered a piece of land to Himanshu and instructed him to deposit the land's cost, amounting to Rs 35 lakh, into the owner's account. Initially, Himanshu transferred Rs 7 lakh to the owner's account, but also transferred Rs 2.5 lakh to Nitin Saxena's account and handed over Rs 2 lakh in cash.

When the remaining payment was not provided, Nitin Saxena reportedly pressured Rini Sahu to file dowry and domestic violence cases against Himanshu.

During the bail proceedings, it was alleged that Nitin Saxena threatened Himanshu on the court premises, instructing him to forget about the money.

The Disciplinary Committee conducted a thorough examination of the evidence presented by both parties. The complainant's affidavit and supporting materials, including bank statements, indicated that Himanshu Gupta had indeed transferred funds to Nitin Saxena's account on multiple occasions.

Nitin Saxena acknowledged his role as a mediator in the dispute but failed to provide any satisfactory explanation for the financial transactions. He neither addressed the purpose of the money received nor denied the account's ownership.

The committee found the allegations of threatening behavior towards the complainant's son in the court premises to be very serious. Consequently, they held that Nitin Saxena was guilty of professional and other misconduct under Section 35 of the Advocates Act, 1961.

As a result, the UP Bar Council suspended Advocate Nitin Saxena from practicing law for a five-year period. During this suspension, Nitin Saxena will be prohibited from appearing before any court of law, tribunal, or authority throughout India.

Disciplinary Committee Case Title: Smt Geeta Sahu v. Advocate Nitin Saxena