Advocate Acts As Real Estate Agent, SC Upholds Suspension Of License
The Supreme Court of India recently upheld the Bar Council of India”s (BCI) decision to suspend the license of an advocate accused of gross professional misconduct.
The license is suspended for five years since it is revealed that the advocate acquired a General Power of Attorney from his own client in a property- case and subsequently sold the property to a third party, reported the Live Law.
The Supreme Court bench, consisted of Justice Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from the BCI’s decision to suspend the lawyer Syed Altaf Ahmed.
“The appellant has stated that the transaction with his client was in his capacity as a real estate agent. Thus, the statement made by the appellant on oath makes out a case of gross professional misconduct on his part apart from the misconduct already held as proved by the impugned Order”, said the top court.
“Therefore, the direction to suspend him as an advocate for five years is fully justified,” the Bench added dismissing the appeal.
Mr Ahmed tried to show that the consideration received by him was paid over to his client, but remained unsuccessful in producing necessary evidence. Eventually BCI declared his actions as a case of professional misconduct.
During the hearing of the petition, the Bench noticed a reply filed by Ahmed before the disciplinary committee of the BCI.
The reply revealed that Ahmed, a practising lawyer, was engaged in a real-estate business of selling and buying the properties.
According to the Standards of Professional Conduct and Etiquette of the BCI, an advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. BCI also prohibits advocates from personally engaging in any business.
