‘Misconduct’ during MSRTC employees strike: HC asks Sadavarte to approach Bar Council to challenge order suspending his licence

Refusing to intervene in the BCMG decision at present, the HC asked Sadavarte to exercise the alternate remedy of statutory appeal available to him by appealing to the BCI under the Advocates Act. However, Justice Gautam S Patel and Justice Neela K Gokhale granted liberty to Sadavarte to approach the HC in case the BCI does not consider his appeal or if he wanted to file an interim plea seeking urgent reliefs.

The three-member BCMG committee, on March 28, had found Sadavarte guilty of misconduct under Section 35 of the Advocates Act, 1961. As per the complaint, Sadavarte had made “obnoxious” statements during MSRTC employees’ strike and consciously misled protesters, allegedly causing many to resort to suicide.

Sadavarte had initially moved HC challenging the BCMG panel order. He later challenged the March 28 order.

Sadavarte claimed that the complaint was adjudicated by a member of the BCMG panel, who was his opponent in an earlier bar council election. He added that the panel refused to provide him with necessary documents which it relied upon while passing its order.

Senior advocate Darius Khambata and advocate Makarand Bokare, representing BCMG, questioned the maintainability of the plea as an alternate remedy was available to Sadavarte. They added that as per official records, all requisite documents had been given to Sadavarte.

The HC said, “We are not disposing the present petition. If the interim application in appeal is not taken up (by BCI), then that gives an opportunity to Sadavarte to move HC. We are not shutting out Sadavarte at this stage and not dismissing his plea and will keep it pending.”

It added that it cannot ask BCI for an early hearing, as neither an appeal has been filed nor an interim plea moved before HC at present.