Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864)


FACT of the case :- Ishwar Prasad Arya, respondent No.1, was registered as an advocate with the Bar Council of Uttar Pradesh and was practicing at Badaun. An incident took place on May 18, 1971, during lunch interval at about 1.55 p.m. in which respondent No.1 assaulted his opponent Radhey Shyam in the courtroom of Munsif/Magistrate, Bisauli at Badaun with a knife. A pistol shot is also said to have been fired by him at the time of the incident. After investigation, he was prosecuted for offenses under Section 307 of the Indian Penal Code and section 25 of the Arms Act.

Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864)

Ishwar Prasad Arya was an Advocate practicing in Badann, U.P. He stabed his opponent with the knife for that he has convicted 3 years rigorous imprisonment. On appeal the High court also confirmed the punishment.

Thereafter, by using a forged letter of the Governor asking the court to suspend his sentence under art. 161 of the constitution he got his conviction suspended and he was released. Later the sessions Judge found the letter as forged one and he lodged a complaint with the Bar Council of U.P. for necessary action against him. The State Bar Council debarred him from practice for 2 years. On appeal the Bar Council of India set aside this order on the ground that there is no clear evidence to show that the Advocate himself has prepared that forged letter.

Subsequently by taking into account of the bad conduct of the Advocate ie. Conviction for the offence under S.307 of I.P.C and his name being entered by the police in a register which contains the list of persons with bad character he was debarred for the practice for a period of 3 years by the State Bar Council. On appeal this order was also set aside by the Bar Council of India because it is interconnected with the earlier matter. Hikmit Ali Khan preferred an appeal before Supreme Court against this order.

The Supreme court held that the second order of the State Bar Council was based on totally a different ground not connected with the grounds of the first order and the Bar Council of India was eronious in setting aside the second order of the U.P. Bar Council. Further Supreme court held that the gravity of the misconduct committed by him is so serious and the punishment of suspending him from practice for 3 years is not sufficient and ordered the removal of his name from the roll of Advocates.

Judgement of the case :-

1) The Ist Temporary Civil and Sessions Judge, by his judgment dated July 3, 1972, convicted him of the said offense and sentenced him to undergo rigorous imprisonment for three years for the offence under Section 307 I.P.C. and for a period of nine months for offence under Section 25 of the Arms Act.

2) The conviction and sentence for the offence under Section 307 I.P.C. were maintained by the High Court by its judgment dated September 10, 1975 in Criminal Appeal No. 1873 of 1972 but he was given the benefit of doubt regarding offence under Section 25 of Arms Act and the conviction and sentence for the said offence were set aside.

3) April 28, 1976, purporting to have been sent by Shri L.R. Singh, Deputy Secretary, Ministry of Home, U.P., Lucknow, addressed to the District Magistrate, Badaun bearing endorsement No. 1513(II)-75-76 was received in the Court of the IIIrd Additional District and Session Judge, Badaun, who was responsible for executing the order of the court of the Ist Temporary Civil & Sessions Judge on its abolition. In the said letter it was stated that the Governor has been pleased to suspend the conviction of Ishwar Prasad Arya under Article 161 of the Constitution with immediate effect and until further orders, he should remain free.

4) After receiving the copy of the said letter dated April 28, 1979, stayed the proceedings in the case and despite repeated inquiries by the court from the State Government about the suspension of the sentences the execution of the sentence awarded to respondent remained suspended till September 27, 1977, when on receipt of a crash radiogram message from the Home Ministry, Lucknow, it was found that the letter dated April 28,1976 was fraudulent and thereupon a warrant for the arrest of respondent no.1 was issued by the court on September 28, 1977 and he was arrested the same day and was sent to Badaun Jail to undergo the imprisonment.

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