Hikmat Ali Khan
Vs
Ishwar Prasad Arya and others (AIR 1997 SC 864)
Vs
Ishwar Prasad Arya and others (AIR 1997 SC 864)
Ishwar Prasad Arya was an advocate practicing at Badaun in UP . He assaulted his opponent, Radhey Shyam in the courtroom of munsiff at Badaun with knife. After investigation he was prosecuted for offences under section 307 of the IPC and section 25 of the Arms Act and he was sentenced for 3 years imprisonment. But he remained free on fraudulent letter said to have come from governor Governor suspending the conviction. The III additional District and session judge, Badaun send a complaint containing this facts to the chairman, Bar Council of UP. The disciplinary committee of UP Bar Council debarred him from practice for the period of 2 years. The Advocate appeal to the bar council of India which set aside the orders of the bar council of UP.
The appellant Hikmet Ali Khan complained against the Advocate and prayed for the fresh inquiry, In The said proceedings the Advocate appeared and filed his written statement but thereafter he did not appear. Hence the Bar council of UP prosecuted ex parte against him and the disciplinary committee of the state Bar Council of UP debarred for a period of 3 years. The Advocate again appealed to the bar council of India and it had set aside the punishment. then Hikmat Ali Khan filed appeal to the Supreme Court. The supreme court held that his conduct was such that his name should be removed from the state role of advocates as he was found guilty of an office of attempting to commit murder and convicted for it and as he was and unworthy of remaining in the profession
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