Hikmat Ali Khan v Ishwar Prasad Arya and Ors

Facts of Hikmat Ali Khan v Ishwar Prasad Arya and Ors

The appeal under Section 38 of the Advocates Act, 1961 in Hikmat Ali Khan v Ishwar Prasad Arya and Ors was filed before the Supreme Court of India against the order of the Disciplinary Committee of the Bar Council of India dated September 8, 1985. The Committee had set aside the U.P. State Bar Council Disciplinary Committee’s sentence of disbarring the respondent for 3 years.

The appellant, represented by Advocates Mr. Subodh Markandeya, Miss Chitra Markandeya, Mr. Ajay Singh and Miss Meenakshi Agarwal, argued against the Bar Council’s decision. The respondent, Advocate Ishwar Prasad Arya, represented by Advocate H. K. Puri and Pramod Swarup, was found guilty of professional misconduct, having assaulted fellow advocate Radhey Shyam Tiwari with a knife and fired a bullet at him on May 18, 1971. This led to his conviction under IPC Section 307 and Arms Act Section 25 and he was sentenced to 3 years of rigorous imprisonment by the High Court.

Further, a fraudulent letter from the Deputy Secretary, Ministry of Home, U.P., stating the Governor’s suspension of Arya’s conviction under Article 161 of the Constitution of India, was uncovered, resulting in his arrest and imprisonment.

The III Additional District and Sessions Judge, Badaun, filed a complaint to the Bar Council of U.P., leading to Arya’s disbarment for 2 years by the State Bar Council. However, the Bar Council of India overturned this due to insufficient evidence. The appellant then appealed to the Supreme Court, contesting the Bar Council of India’s decision to revoke the punishment.

Issues Involved in the Case

The issue raised in Hikmat Ali Khan v Ishwar Prasad Arya and Ors. were:

Whether the actions of the appellant constitute professional misconduct under Section 35 of the Advocates Act?

Legal Provisions Involved

• Constitution of India: Article 161
• Advocates Act, 1961: Sections 3, 6, 9, 24-A, 35, 36, 37, 38
• Bar Council of India Rules: Part VII, Chapter-1
• Indian Penal Code: Sections 307, 193, 228
• Arms Act, 1959: Section 25

Arguments of the Parties

• The Disciplinary Committee overlooked the fact that the respondent evaded arrest for 16 months using a fraudulently forged letter.
• The conviction of the respondent under IPC Section 307 was not considered by the Bar Council.
• The respondent’s inclusion in register 8 of kotwali Badaun for individuals with bad character was detrimental to his reputation as an advocate.
• The appellant argued that the 3-year disbarment by the State Bar Council was insufficient and warranted an appeal for increased punishment.

Hikmat Ali Khan v Ishwar Prasad Arya and Ors. Judgement

The Supreme Court in Hikmat Ali Khan v Ishwar Prasad Arya and Ors. set aside the Bar Council of India’s order dated September 8, 1985, which had overturned the U.P. State Bar Council’s disbarment of the respondent.

The Court in Hikmat Ali Khan v Ishwar Prasad Arya and Ors. upheld the disbarment of the respondent due to gross professional misconduct under Section 35 of the Advocates Act, 1961. It ruled that the respondent’s actions not only constituted professional misconduct but also involved moral turpitude, grounds for disqualification under Section 24-A(1)(a) of the Act. Consequently, the Court ordered the removal of the respondent from the state rolls.