Kerala HC gives relief to lawyer from disciplinary proceedings by Bar Council

IANS June 20, 2025 308 views

The Kerala High Court has granted relief to advocate Yeshwanth Shenoy by setting aside disciplinary proceedings initiated by the Bar Council. The case stemmed from allegations of misconduct during a hearing before Justice Mary Joseph. Shenoy contested the Bar Council's suo moto action, arguing procedural irregularities. A division bench ultimately ruled in his favor, overturning an earlier single-judge decision.

"The Council considered the judge’s letter to be a complaint" – Single Judge Bench
Kochi, June 20: The Kerala High Court on Friday allowed the appeal filed by Kerala High Court Advocate Association President, advocate Yeshwanth Shenoy, against the disciplinary proceedings initiated by the Kerala Bar Council against him.

Key Points

1

Division bench overturns single judge order on Bar Council action

2

Shenoy faced proceedings over alleged misconduct before Justice Mary Joseph

3

Bar Council initiated suo moto case based on judge's complaint

4

Shenoy argued complaint lacked prescribed format

This fresh relief comes after his plea was initially dismissed by the single-judge bench.

A Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice V.M. Syam Kumar set aside the order of a single judge bench that had refused to interfere with the disciplinary proceedings initiated by the Bar Council of Kerala in 2023 against Shenoy.

Trouble started for Shenoy when suo moto contempt proceedings were initiated against him after former High Court judge, Justice Mary Joseph, filed a complaint stating that he shouted and harassed her while appearing before her court.

Justice Mary Joseph even stated that Shenoy threatened to get her expelled from the seat.

The suo moto proceedings were later closed by a division bench last year.

The Bar Council of Kerala had also initiated suo moto proceedings alleging violation of standards of professional conduct and etiquette, based on the Judge's letter.

Shenoy, on the other hand, filed an in-house complaint against the Judge, but the then Chief Justice decided not to proceed with the same.

Shenoy then challenged the Bar Council of Kerala's notice, stating that if the action was based on a complaint, the council could not have initiated suo motu proceedings against him.

He further alleged that the complaint was not in the prescribed format.

The single judge bench, however, held that the Council considered the judge's letter to be a complaint.

The Council, after receiving the complaint, held a meeting, and it was unanimously decided to launch proceedings.

Following this, they sent the show cause notice to Shenoy, and upon receiving his reply, a resolution was passed referring the matter to the Disciplinary Committee.

This order has now been set aside by the division bench.

Reader Comments

Here are 5 diverse Indian perspective comments for the Kerala HC case:
P
Priya K.
Finally some justice! The Bar Council was clearly overstepping its boundaries by initiating suo moto proceedings. The judiciary should be careful about protecting advocates' rights too. #RuleOfLaw
R
Rahul S.
Mixed feelings about this. While due process must be followed, we can't ignore that a judge felt threatened. The legal fraternity needs more civility - both sides should reflect on their conduct. 🤔
A
Anjali M.
As someone from Kerala, I've followed this case closely. The HC's decision shows our judiciary's independence. But I hope this doesn't encourage lawyers to be disrespectful towards judges. There must be balance.
V
Vikram J.
Technicalities won this case - the complaint format issue. But the bigger question is about lawyer-judge relations. Our courts need mutual respect to function properly. This episode is embarrassing for Kerala's legal community.
S
Sunita P.
Good judgment! The Bar Council shouldn't act like a kangaroo court. Due process matters. But Mr. Shenoy should also introspect - lawyers must argue cases passionately but with decorum. No excuse for shouting at judges! 🙏

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Tags:
Kerala High Court Yeshwanth Shenoy Bar Council of Kerala Justice Mary Joseph disciplinary proceedings