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aatma   20 October 2010

Bar Council debars lawyer for 498A

Bar Council debars lawyer for misconduct

Kanpur: The Bar Council of Uttar Pradesh has debarred lawyer Sarfaraz Khan advocate from practising for ten years anywhere in India on the complaint of his wife Shahina Bano.

Shahina had alleged that Sarfaraz used to torture her for dowry and on March 2, 2009 he thrashed her brutally and kicked her out of his house. She lodged an FIR against him with Rail Bazaar police.

Sarfaraz was creating hindrances in the investigations and adopting all sorts of tactics to stop Shahina from pursuing the case.

The committee issued notices to Sarfaraz but he failed to appearance. The committee sent notices on January 10, 2010 and February 28, 2010 through chief metropolitan magistrate. Despite the two notices, Sarfaraz neither appeared before the committee nor filed written statement. The committee thereafter heard the arguments and decided the case ex parte.

An FIR was registered under section 498A/323/504/506 IPC and under Section 3/4 Dowry Prohibition Act. The complainant alleged that Sarfaraz was taking undue advantage of being a lawyer. He was regularly threatening her and her family members for dire consequences and creating hindrance in the `pairavi' of the case which was pending in the court.

The committee in its order dated July 24, 2010 which was communicated to the parties in the first week of this month, observed that as per profession ethics and rules, creating hindrance in a court case by a lawyer for personal gains amounts to professional misconduct. Hence, Sarfaraz Khan was debarred for ten years.

Read more: Bar Council debars lawyer for misconduct - The Times of India https://timesofindia.indiatimes.com/city/kanpur/Bar-Council-debars-lawyer-for-misconduct/articleshow/6714452.cms#ixzz12gz2OUMZ



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 5 Replies

R.Ramachandran (Advocate)     20 October 2010

A very good and timely action by Bar Council of U.P.


(Guest)

Very good show by UP bar council.

P.K.Haridasan (Advocate)     20 October 2010

Why he advocate being a member of the bar council not responded to the notices issued to him thereby admitted all the allegations against him. 

m.r.chouhan (lawyer)     21 October 2010

sir,

With due respect the order passed is expartee and may changed on appeal, but we should take note that even our highest court has comment on the said section which is missed used by wife and in most of the case it was found that the said secition is used for personal gain. The Hon'ble bar councle should first wate for the out come of criminal case proceding  and letter on punished if found gilty but the punishment should be less because it is the practic of the advocate which give the bread and butter,if he loss earning than even the victim i.e his wife and other dependent  will  suffered. In my simple thinking the Hon members shall take the age of the Advocate who was debar it may be possible he may be junior who do not understand the respect of black coat , or if he understand as a senior even tho their may be some resion behind the strain relation between the husband and wife or their may be some person from our legal feld who  advice the wife to move before the diffrent forum. In my openion the advocate should be given a chance to reform and changed his bad evil and attemp to reconcillaction shall be done between both of them which will give chance to both the husband and wife to once again live happely which will help both.

1 Like

m.r.chouhan (lawyer)     21 October 2010

sir,

With due respect the order passed is expartee and may changed on appeal, but we should take note that even our highest court has comment on the said section which is missed used by wife and in most of the case it was found that the said secition is used for personal gain. The Hon'ble bar councle should first wate for the out come of criminal case proceding  and letter on punished if found gilty but the punishment should be less because it is the practic of the advocate which give the bread and butter,if he loss earning than even the victim i.e his wife and other dependent  will  suffered. In my simple thinking the Hon members shall take the age of the Advocate who was debar it may be possible he may be junior who do not understand the respect of black coat , or if he understand as a senior even tho their may be some resion behind the strain relation between the husband and wife or their may be some person from our legal feld who  advice the wife to move before the diffrent forum. In my openion the advocate should be given a chance to reform and changed his bad evil and attemp to reconcillaction shall be done between both of them which will give chance to both the husband and wife to once again live happely which will help both.


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