Odisha State Bar Council debars lawyer for posting ‘derogatory’ remarks

The Odisha State Bar Council (OSBC) has suspended a lawyer from practising for a period of two years on charges of heaping abuse on judicial officers and fellow lawyers by creating a fake identity on social media.

The OSBC had initiated a sou motu disciplinary proceeding against one Hemant Kumar Nayak, who was a practising lawyer in Bhadrak District Court since his enrolment in 1998.

‘Imputation of corrruption’

“It has come to the notice of council that the respondent (Mr. Nayak) had created a Facebook identity in the name of ‘Grants Kumar Nayak Canakya’ and has been writing derogatory remarks against the judiciary and judicial officers of Bhadrak. He made baseless allegations and imputation of corruption against judicial officers tarnishing the image of judiciary,” the OBSC said in its order.

“This is probably a rare occasion when a lawyer has been suspended from practice. Mr. Nayak had been given multiple opportunities to present his side as to what made him write such remarks. However, he did not bother to appear. The council proceeded ex-parte,” said Bibhu Prasad Tripathy, senior advocate and chairman of OSBC disciplinary committee.

“The conduct of the said advocate constitutes a prima facie case of misconduct under Section 35 of the Advocates Act. It is obligatory to abide by norms and maintain standard of professional conduct and etiquette. He was found guilty of professional misconduct,” said Mr. Tripathy.