Delhi High Court directs Delhi Bar Council to examine allegations of monetary demand by lawyer from opposite party

The Delhi High Court on Thursday ordered a disciplinary committee nominated by the Bar Council of Delhi to examine an allegation of monetary demands made by a lawyer from the opposite party in a case [Dr Subhash Vijayran v Abhijit Mishra]..Justice Prathiba M Singh observed that the contents of WhatsApp communications between the petitioner-in-person and the respondents' lawyer, one Abhijit Mishra, showed that monetary demands were made by Mishra and such communication should not have taken place. “In the prima facie opinion of this Court, Mr. Abhijit Mishra who is an Advocate ought not to have been entering into such communication with the opposing party – that too in such an improper and impermissible manner," said the single-judge. .Therefore, Justice Singh ordered that the allegations raised be treated as a complaint to the Bar Council of Delhi. “The same shall be examined by a Disciplinary Committee nominated by the BCD consisting of at least two designated senior advocates who shall file a report before the Court giving their recommendations in the matter.”.This exercise was directed to be completed within two months. The Bar Council was asked to constitute the committee within one week and the first hearing would be conducted on February 22 at 4 pm in any chamber or office in the High Court’s premises, the Court directed..The petitioner-in-person is a doctor pursuing his MD at the Department of Forensic Medicine, Maulana Azad Medical College (MAMC) and also holds an LLB degree. In a dispute between the petitioner and other doctors in his department, Mishra was representing three of the respondent-doctors. .The petitioner then filed the present petition claiming that Mishra had levelled various threats against him and also interacted over Whatsapp with him on behalf of the respondent-doctors. .With respect to the dispute between the doctors, the Court directed the MAMC officiating dean to make enquiries and place a sealed cover report before the court in a week. .Meanwhile Mishra also moved the Court against the petitioner-doctor seeking that his license to practice law be cancelled in view of the fact that he is working as a doctor and the same cannot be permitted as per Bar Council of Delhi Rules.Hearing on this proposition was deferred by the court in light of the fact that the petitioner’s plea is pending before the Supreme Court seeking a change to the Bar Council of Delhi Rules which prevent advocates from being in employment. .The petition was listed for further hearing on April 19. .Advocates Payal Bahl, Gaurav Singh, and Rajan Raj appeared for Abhijit Mishra. Advocate Ajay Kr Aggarwal appeared for the Bar Council of Delhi while advocate Gautam Narayan appeared for the Delhi Government. .[Read Order]