Did the Kerala HC Provide Relief to Lawyer Yeshwanth Shenoy Against Bar Council Disciplinary Actions?
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Synopsis
In a significant ruling, the Kerala High Court Division Bench has overturned the disciplinary proceedings against advocate Yeshwanth Shenoy. This decision marks a pivotal moment in the ongoing legal saga, reflecting the court's commitment to uphold justice and the rights of legal professionals. What does this mean for the integrity of the Bar Council?
Key Takeaways
- The Kerala High Court overturned disciplinary actions against Yeshwanth Shenoy.
- The court emphasized the importance of due process in legal proceedings.
- The ruling questions the Bar Council's authority to initiate suo moto actions.
- Shenoy's case reflects ongoing tensions between the judiciary and bar associations.
- The importance of maintaining professional conduct standards was reiterated.
Kochi, June 20 (NationPress) A Division Bench of the Kerala High Court has granted relief to advocate Yeshwanth Shenoy, who serves as the President of the Kerala High Court Advocate Association, by overturning the disciplinary proceedings initiated by the Kerala Bar Council against him.
This recent decision follows the rejection of his plea by the Single Judge Bench earlier.
On Friday, the Division Bench, comprising Justice Sushrut Arvind Dharmadhikari and Justice V.M. Syam Kumar, nullified the order made by the Single Judge.
The Kerala High Court determined that the Single Judge's refusal to intervene in the disciplinary actions taken by the Bar Council of Kerala in 2023 against Yeshwanth Shenoy was unwarranted.
Shenoy faced difficulties when contempt proceedings were initiated against him after a complaint was lodged by former High Court Justice Mary Joseph, alleging that he had verbally abused and harassed her during a court appearance.
Justice Mary Joseph claimed that Shenoy threatened to have her removed from her position.
Eventually, the contempt proceedings were closed by a Division Bench last year.
The Bar Council of Kerala also launched suo moto proceedings, citing a breach of the Standards of Professional Conduct and Etiquette, based on the Judge's letter.
In response, Shenoy filed a complaint against the Judge internally; however, the then Chief Justice opted not to pursue it.
Shenoy contended that the Bar Council's actions were improper, arguing that if the proceedings were based on a complaint, the council should not have initiated suo moto actions against him.
He also claimed that the complaint did not adhere to the required format.
The Single Judge Bench concluded that the Council regarded the Judge's letter as a valid complaint.
After receiving the complaint, the Council convened and unanimously agreed to register it.
Subsequently, they issued a show cause notice to Shenoy, and after reviewing his response, a resolution was passed to refer the case to the Disciplinary Committee.
However, this order has now been overturned by the Division Bench.
Point of View
The recent ruling by the Kerala High Court reinforces the essential need for due process and fairness in legal proceedings. It highlights the ongoing tension between the judiciary and bar associations, emphasizing the importance of maintaining a delicate balance between accountability and protection of legal practitioners' rights.
NationPress
20/06/2025
Frequently Asked Questions
What were the allegations against Yeshwanth Shenoy?
Yeshwanth Shenoy faced allegations of contempt and harassment towards former High Court Justice Mary Joseph during a court session.
What was the outcome of the Kerala High Court's ruling?
The Kerala High Court's Division Bench overturned the disciplinary proceedings initiated by the Kerala Bar Council against Shenoy.
What does this ruling imply for the Bar Council's authority?
This ruling challenges the Bar Council's authority to initiate suo moto disciplinary actions based on complaints.
How did the Bar Council respond to the allegations?
The Bar Council initiated suo moto proceedings alleging violations of professional conduct based on the Judge's complaint.
What legal principles were at stake in this case?
The case highlighted the principles of due process and the right to a fair hearing in disciplinary actions against legal professionals.
