Nagpur Bench of Bombay High Court Takes Stern Action Against Advocate for Misleading Conduct
The Nagpur bench of the Bombay High Court has issued a strong directive against what it described as serious misconduct by a legal practitioner. A division bench comprising Justices Anil Pansare and Nivedita Mehta has ordered the Bar Council of Maharashtra and Goa to initiate disciplinary proceedings against the advocate for misleading the court and appearing without proper authority.
Details of the Misconduct and Court Observations
During proceedings on Thursday, the bench noted that the lawyer had filed a vakalatnama, which is a formal document authorizing representation, for only one respondent. However, he continued to represent multiple respondents across several hearings in the case. The court emphasized that earlier orders dated March 30 and April 2, 2026, were passed based entirely on his submissions.
"This appears that the lawyer has misled the court and the parties. The mischief amounts to misconduct," the bench stated unequivocally. It further observed that the advocate persisted with misleading arguments, including an incorrect claim that two civil suits were decided by a common judgment when court records clearly showed otherwise.
The bench described the misconduct as "writ large" and referred the matter to the Bar Council for appropriate disciplinary action, directing that the decision be made within four months. All relevant documents from the case will be forwarded to facilitate the proceedings.
Background of the Case and Supreme Court Reference
The original petition was filed by Pushpa Gupta, who sought the removal of unauthorized construction on government land near Bhange Lawn on Wardha Road in Nagpur. Gupta alleged illegal occupation of the plot and requested its demolition. During earlier hearings, the court discovered that respondents had relied on forged documents to mislead the judicial process, leading to the issuance of contempt notices against them.
The bench also referenced the Supreme Court's ruling in Bhagwan Singh versus State of U.P. (2025), which cautioned against professional misconduct by lawyers. The Supreme Court had emphasized that advocates serve as officers of the court and are integral to the justice delivery system. It quoted that "people repose immense faith in judiciary" and that lawyers must act with "responsibility and seriousness."
Resolution of the Petition and Continuing Proceedings
Following assurances from authorities that the encroachment would be removed within six weeks, the court disposed of the main petition. However, contempt proceedings against the respondents will continue, with the next hearing scheduled for May 5.
The court's decision underscores the judiciary's commitment to maintaining ethical standards within the legal profession and ensuring that officers of the court uphold their responsibilities with integrity.
