Mr. Rebates

Monday, October 18, 2010

Bar Council debars lawyer for misconduct

Oct 8, 2010

Kanpur: The Bar Council of Uttar Pradesh has debarred lawyer Sarfaraz Khan advocate from practising for ten years anywhere in India on the complaint of his wife Shahina Bano.

Shahina had alleged that Sarfaraz used to torture her for dowry and on March 2, 2009 he thrashed her brutally and kicked her out of his house. She lodged an FIR against him with Rail Bazaar police.

Sarfaraz was creating hindrances in the investigations and adopting all sorts of tactics to stop Shahina from pursuing the case.

The committee issued notices to Sarfaraz but he failed to appearance. The committee sent notices on January 10, 2010 and February 28, 2010 through chief metropolitan magistrate. Despite the two notices, Sarfaraz neither appeared before the committee nor filed written statement. The committee thereafter heard the arguments and decided the case ex parte.

An FIR was registered under section 498A/323/504/506 IPC and under Section 3/4 Dowry Prohibition Act. The complainant alleged that Sarfaraz was taking undue advantage of being a lawyer. He was regularly threatening her and her family members for dire consequences and creating hindrance in the `pairavi' of the case which was pending in the court.

The committee in its order dated July 24, 2010 which was communicated to the parties in the first week of this month, observed that as per profession ethics and rules, creating hindrance in a court case by a lawyer for personal gains amounts to professional misconduct. Hence, Sarfaraz Khan was debarred for ten years.

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