Updated: Mar 2, 2022
Hikmat Alikhan v.Ishwar Prasad Arya
Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864)
The fact of the case -Ishwar Prasad Arya was an Advocate practicing in Badann, U.P. He stabed his opponent with a knife for that he has convicted for 3 years of rigorous imprisonment. On appeal the High court also confirmed thepunishment. 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.