Supreme Court - Daily Orders
Abdul Rehiman vs Lyla Haneefa on 19 February, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 4610 OF 2023
ABDUL REHIMAN …..APPELLANT(S)
VERSUS
LYLA HANEEFA & ORS. …..RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 29 OF 2024
ORDER
1. The appeal being Civil Appeal No. 4610 of 2023 is filed by the Advocate against the impugned order of suspension of registration as an Advocate for a period of two years. He was directed to pay a fine of Rs. 2 lacs.
2. The appeal being Civil Appeal No. 29 of 2024 has been filed by the complainant before the Bar Council of India (for short ‘the BCI’). The appellant is dissatisfied with the penalty imposed by the BCI.
3. As can be seen from the first line of the impugned order, both the complainant and the Advocate were absent when the complaint was heard. The Disciplinary Committee of the BCI noted that there was a direction issued by this Court to dispose of the case on or before 30.12.2022. Therefore, without granting any reasonable time, the Disciplinary Committee proceeded to dispose of the transferred case.
4. Signature Not Verified The consequences of taking disciplinary action against the Digitally signed by Anita Malhotra Date: 2024.02.23 Members of the Bar are very drastic. Therefore, such a course of 17:16:09 IST Reason:
deciding the case in absence of the Advocate ought not to have been adopted.2
5. Accordingly, we set aside the impugned judgment and order dated 06.11.2022 passed by the Disciplinary Committee of the BCI.
6. B.C.I. Tr. Case No. 35 of 2017 is restored to the file of the Disciplinary Committee of the BCI. A sum of Rs. 1 lac deposited by the appellant in Civil Appeal No. 4610 of 2023 in this Court together with interest accrued thereon shall be transferred to the BCI.
7. At the time of finally deciding the transferred case, the Disciplinary Committee of the BCI will pass an appropriate order in accordance with law as regards the disbursal/withdrawal of the said amount along with interest accrued thereon.
8. Considering the earlier order of this Court, the Disciplinary Committee of the BCI shall endeavour to dispose of the transferred case as expeditiously as possible.
9. All questions are left open to be decided by the Disciplinary Committee of the BCI.
10. The appeals are partly allowed on the above terms.
11. On the prayer made by the parties, it will be open for the Disciplinary Committee of the BCI to conduct the proceedings through video conferencing.
12. Pending application(s), if any, shall stand disposed of.
…………………………………...J. [ABHAY S. OKA] …………………………………...J. [UJJAL BHUYAN] NEW DELHI;
FEBRUARY 19, 2024.
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ITEM NO.53 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4610/2023
ABDUL REHIMAN Appellant(s)
VERSUS
LYLA HANEEFA & ORS. Respondent(s)
(IA No. 139625/2023 - STAY APPLICATION) WITH C.A. No. 29/2024 (XVII) (IA No.263751/2023-EXEMPTION FROM FILING O.T.) Date : 19-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) Ms. Priya Balakrishnan, Adv.
Mr. Amit Sharma, AOR Mr. M. T. George, AOR Mrs. Susy Abraham, Adv.
Mr. Johns George, Adv.
For Respondent(s) Ms. Priya Balakrishnan, Adv.
Mr. Amit Sharma, AOR Mr. Akshay Amritanshu , AOR Mr. Anjali Kumari, Adv.
Mr. Ayush Raj, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are partly allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)