HC flags ‘misconduct’ bylawyer for misleading court
Nagpur: The Nagpur bench of Bombay high court has taken serious note of what it termed "misconduct" by an advocate for misleading the court and appearing without authority, directing the Bar Council of Maharashtra and Goa to initiate disciplinary action.A division bench of Justices Anil Pansare and Nivedita Mehta on Thursday observed that the lawyer filed a vakalatnama only for one respondent but continued to represent multiple respondents in proceedings over several hearings. The court noted that earlier orders dated March 30 and April 2, 2026, were passed based on his submissions."This appears that the lawyer has misled the court and the parties. The mischief amounts to misconduct," the bench said, referring the matter to the Bar Council for appropriate action.The petition was filed by Pushpa Gupta seeking removal of unauthorised construction on govt land near Bhange Lawn on Wardha Road. She alleged illegal occupation on the plot and sought its removal. During earlier hearings, the court found that respondents relied on forged documents to mislead it, prompting issuance of contempt notices against them.The bench also relied on the Supreme Court's ruling in Bhagwan Singh versus State of U.P. (2025), which cautioned against "professional misconduct" by lawyers, observing that advocates are officers of the court and integral to the justice delivery system. It quoted that "people repose immense faith in judiciary" and that the lawyers must act with "responsibility and seriousness".The court further noted that the lawyer persisted with misleading arguments, including claiming two civil suits were decided by a common judgment despite records showing otherwise. "The misconduct is writ large," it observed.Directing the Bar Council to decide the matter within four months, the court said all relevant documents would be forwarded. The petition was disposed of after assurances that the encroachment would be removed within six weeks, while contempt proceedings will continue on May 5.BoxHC Orders Bar Council ActionLawyer appeared without authority for multiple respondentsMatter referred to Bar Council of Maharashtra and Goa for disciplinary action within four monthsCourt flags reliance on forged documents and earlier issuance of contempt noticesAdvocate's repeated misleading submissions termed serious and "writ large" misconductEncroachment removal assured within six weeks; petition disposedContempt proceedings against respondents to continue
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