Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 30 July 2026
Case Overview
- Parties: Appellant Sudhendu Prakash Gautam (advocate) versus Respondent S.L. Chaudhary.
- Background: Gautam, engaged by M/s Recon Copier System Private Limited, allegedly assaulted and threatened Chaudhary in the Delhi Labour Court premises after Chaudhary’s application was dismissed.
- Complaint chronology: Chaudhary lodged police complaints on 28 April 2005 and 18 August 2005; filed a complaint with the Bar Council of Delhi on 30 August 2005. The Bar Council of India’s Disciplinary Committee issued an order on 21 July 2012 (Case No. 118 of 2008) suspending Gautam for one year.
- Interim relief: The Supreme Court stayed the suspension by an interim order dated 15 October 2012.
- Procedural history: The Bar Council initially dismissed the complaint on 24 October 2009; the dismissal was recalled on 9 July 2011 after a review petition, and a hearing was held on 7 July 2012 where Gautam’s request for adjournment was refused and the matter was decided the same day.
- Court observations: The Court noted that more than 21 years had elapsed since the original complaint, Gautam was not counsel for the complainant, and the alleged misconduct relates solely to indecent behaviour inside court premises, which had already been reported to police. While such conduct can attract Bar Council action, the Court found the suspension disproportionate given the circumstances.
Final Outcome
- The Supreme Court modifies the Bar Council of India order, replacing the one‑year suspension with a formal warning to Gautam to maintain proper conduct in court premises.
- The appeal is disposed of on 30 July 2026; any pending applications are also dismissed.
- Additionally, application I.A. No.69425/2013 for substitution of service was allowed, and the appeal was disposed of in terms of the reportable signed order.
Topics: Legal Discipline, Advocate Conduct