The Supreme Court has set aside the Delhi High Court order convicting and suspending a lawyer from practising for two months under the contempt law.
The High Court had imposed a fine of Rs 2,000 on lawyer Rajiv Dawar, who was also directed not to practise for two months following allegations by his client that he took professional fees and disengaged himself from the case.
A bench headed by Justice Kurian Joseph noted that the disciplinary authority of the Bar Council of India, the apex bar body, had absolved Dawar and asked him to refund Rs 4 lakh to his clientand the direction complied with.
"The Disciplinary Authority having completely absolved the appellant and in view of the procedural safeguards having not been followed in this case and also having regard to the fact that the appellant has complied with the direction to refund the money, the conviction and sentence imposed on the appellant (lawyer) is set aside," the bench, also comprising Justice R Banumathi, said.
The lawyer had alleged that his conviction was based on the unilateral version of the complainant and he was not accorded the fair opportunity to rebut the allegations made in the contempt proceedings.
According to the complainant (client of the lawyer), an accused in a Narcotic Drugs and Psychotropic Substances Act case, the lawyer had allegedly charged Rs 7.05 lakh as professional fees and later did not assist him in the case.
The Bar Council of India, which looked into the complaint in 2006, had asked the advocate to return Rs four lakh to the client.
After being convicted and sentenced under the provisions of the Contempt of Courts Act and under Article 215 of the Constitution, the lawyer had moved the apex court.
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