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Journalism of Courage
A controversy has sparked with the Bar Council of Maharashtra and Goa suspending the licence of lawyer Asim Sarode for three months, for his alleged ‘professional misconduct’ by making statements causing ‘distrust and disrespect’ towards the judiciary during his speech at a Shivsena (UBT) programme in Mumbai last year.
Bar Council of Maharashtra and Goa’s Chairperson Vivekanand Ghatge and members Sangram Patil and P V Nelson Ranjan passed the judgment in this regard on August 12 this year, which was communicated to Sarode over two-and-a-half months later, on Monday.
The judgment was passed over a complaint filed by lawyer Rajesh Dabholkar. Besides suspending Sarode’s licence for three months from the date of receipt of the order, a fine of Rs 25,000 was also imposed on him.
Speaking to mediapersons in Pune, Sarode refuted the allegations and said he would be challenging the judgment before the Bar Council of India in Delhi. “I stand by my comments made during the Shiv Sena (UBT) programme. I would repeat it again and again. It is not wrong to speak the truth. I will not tender any apology. I said nothing unconstitutional or derogatory. I am sad that such a judgment was passed against me…,” he said.
Sarode did not comment on the Bar Council of Maharashtra and Goa, but said the complainant is a BJP activist. “I have seen his social media. It looks like he is close to Ashish Shelar (BJP leader and minister). There seems to be a system behind him…,” Sarode said.
Dabholkar had initially sent a letter to Sarode seeking an apology for his alleged ‘hate speech’ at the ‘Janata Nyayalay’ public programme organised by Shiv Sena (UBT) at SVP stadium in Mumbai’s Worli on March 18, 2024.
Dabholkar alleged that Sarode made “sarcastic remarks” against India’s judicial system, Speaker of Maharashtra Legislative Assembly (Rahul Narvekar) and the Governor of Maharashtra.
Sarode replied to Dabholkar’s letter on April 3, 2024, in which he did not tender any apology. Dabholkar filed a complaint of ‘professional misconduct’ against Sarode at the Bar Council of Maharashtra and Goa, under Section 35 of the Advocate Act, 1961. A video of Sarode’s speech (in Marathi) was also submitted with the complaint.
After viewing the video, the Bar Council’s disciplinary committee found that Sarode made statements like, “It cannot be denied that the judicial system has been brought under pressure…” and “Corruption is on a significant rise in the judiciary…”
In his reply to the Bar Council of Maharashtra and Goa, Sarode said he did not say anything derogatory against anyone in his speech that is available on all on social media platforms. Sarode stated that he denies nothing that he said in the speech, but is not responsible for any “whimsical interpretation” done by “any weak minded person.”
To the allegation that Sarode used the word “faltu (useless)” for Governor Bhagat Singh Koshyari, the advocate submitted that Koshyari was not the Governor at the time of his speech, and “Faltu” is not listed as an offensive or unconstitutional word.
Sarode also argued that Koshyari as a person can definitely initiate legal action against him. “But the complainant (Dabholkar) has no locus standi to issue defamation notice on Koshyari’s behalf,” he Sarode.
Sarode’s statements claiming Rahul Narvekar betrayed the Supreme Court’s order were alleged to be objectionable. As speaker of Maharashtra Legislative Assembly, Narvekar had in January 2024 ruled that Eknath Shinde faction was the legitimate and “real Shiv Sena”, having the support of the majority of the party’s MLAs. Sarode submitted that critical analysis based on contents in the judgment passed by the Speaker (Narvekar) cannot be termed as an insult.
Holding Sarode guilty, the Bar Council of Maharashtra and Goa stated in its judgment that from the video recording of his speech, it was evident that he made certain remarks, which “had the effect of lowering the respect and confidence of the public in the judiciary and in the Constitutional Office”
Refusing to accept the allegation, Sarode told media persons, “I respect the judiciary and Constitution. People are aware of my work. I will continue to express my views…”
Sarode also said he had contacted the Bar Council before and even after August 12 to know whether the judgment in this matter was passed, but it was sent to him only on Monday.
Sarode said he got calls from many who raised doubts about the timing of the judgment, that it was sent now because the Supreme Court would be hearing Uddhav Thackeray’s plea on November 12. Uddhav Thackeray had moved the Supreme Court against the decision of the Election Commission of India that recognised Eknath Shinde’s faction as the real Shiv Sena and allowed it to use the party’s ‘bow and arrow’ symbol.
Sarode also said he received calls from various politicians, including those from Shiv Sena (UBT) and several supporters, after they came to know that his licence has been suspended.
