Litigant tenders apology, withdraws complaint before Bar Council against opponent counsel after Bombay High Court warning

A litigant today tendered an unconditional apology before the Bombay High Court and withdrew his complaint before the Bar Council of Maharashtra and Goa against his opponent lawyer after the High Court admonished such practice and warned of contempt of court action [All India Medical Students Welfare Forum & Anr v. Union of India & Ors.]..The litigant, Yati Patil, a petitioner and member of the All India Medical Students Welfare Forum, had written to the State Bar Council that the lawyer appearing for National Medical Commission, advocate Ganesh Gole was making submissions contrary to the law laid down by the Supreme Court. Patil asked the Bar Council to take strict disciplinary action against Gole. This was brought to the attention of the Court on February 2 after Gole was notified by the Bar Council and he informed the Court of this complaint against him..A division bench of Justices GS Patel and Dr Neela Gokhale admonished such conduct of seeking action against opponent lawyers and called it a reprehensible practice. “This is a most unfortunate and reprehensible practice that is growing in this Court where litigants routinely file disciplinary actions against Counsel and Advocates for the opponents. It is no part of the job of an opponent to make submissions that favour the petitioner or the other side. Every Advocate is an officer of the Court and his primary duty is to the Court, one that he must discharge with fairness,” the Court recorded in its February 2 order..The bench concluded that the conduct of the petitioner constituted criminal contempt.It, however, gave the petitioner one last opportunity till today to present his stance.“This must be stated on Aafidavit if the petitioners so wish. The 2nd Petitioner is under no compulsion to file any such Affidavit. If he does not, then equally we are under no compulsion to excuse his conduct and we will take appropriate action in accordance with law as we believe fit,” the Court warned..Pursuant to that, the litigant today filed an affidavit with the statement that he has withdrawn the complaint before the State Bar Council. The Court before adjourning the hearing quipped that the Bar Council ought to have examined the complaint before sending out notices to lawyers. “The Bar Council should have read the complaint as well. What is the content and the allegations…” Justice Patel said..The 17 petitions before the High Court have challenged the existing process or screening test for the foreign medical graduate examination. The petitioners have stated as per the Medical Council of India the screening test should be at the level of final year of MBBS only and not at the level of post graduate entrance examination.The petitions have claimed that these minutes were not been followed..The Court on Friday directed that the petitions be listed for final hearing and disposal on February 17..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.