Allahabad High Court Overturns UP Bar Council’s One-Year Debarment of Lawyer

The Allahabad High Court recently overturned a one-year debarment order from the Uttar Pradesh Bar Council against an advocate, Sant Ram Rathod, preventing him from practicing in the District Philibit courts. Justices Manjive Shukla and Shekhar B. Saraf noted that the Bar Council issued the order despite knowing that the High Court had previously accepted the advocate’s apology and dropped contempt proceedings against him.

The Court stated, “Considering the facts of the case, we believe that once the coordinate Bench accepted the contemnor’s apology and dropped the contempt proceedings, the matter should have concluded there. The petitioner was specifically allowed to enter the court and resume practice. Following that Division Bench order, we find no reason for the respondent authority to continue disciplinary actions against the petitioner or prohibit him from practicing in court.” This was part of the Court’s order on September 10.

The Court was reviewing a petition from advocate Sant Ram Rathod, who challenged a State Bar Council order that banned him from practicing in Pilibhit district courts for a year. The Court noted that a different Division Bench of the High Court had previously addressed the issue and had accepted Rathod’s apology, condoning his misconduct.

The Bench noted that contempt proceedings had previously been initiated against Rathod on two occasions, advising him to be careful and placing his conduct under the District Judge’s observation for two years. In light of this, the Court’s September 10 order concluded that the UP Bar Council should not have continued further proceedings.

The Court stated, “If the petitioner committed misconduct again, action could be taken. However, for the same misconduct already condoned by the High Court, the Bar Council should not have continued its proceedings.” As a result, the Court granted relief to Rathod and overturned the State Bar Council’s order.

The Court clarified, “If the petitioner commits any misconduct again, the Bar Council of U.P. is free to act in accordance with the law.” Senior Advocate Pavan Kumar Pandey and Advocate Ashok Kumar Rai represented Sant Ram Rathod in the case.

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