KOCHI: The Kerala High Court on Thursday stayed the order issued by the Bar Council of Kerala (BCK) suspending Advocate Alphons Kannanthanam from practising for six months.
The BCK suspended Kanjirappally MLA Alphons Kannanthanam from practising after finding guilty of professional misconduct. The disciplinary committee of the BCK found that the MLA was actively participating in business by running the 'Alphons Kannanthanam Academy for Career Excellence' in the field of education, which is a violation of the rules of the Bar Council of India (BCI).
Justice P N Ravindran issued the stay order while considering the petition submitted by K J Alphons Kannanthanam challenging the BCK order. The court observed that proceedings by the disciplinary committee of the BCK, when it decided on the petitioner exparte in the final order dated November 7, 2010, cannot be sustained.
"Without applying their mind as to whether they have 'reasons to believe' that the petitioner might have committed a misconduct, the matter was referred to the disciplinary committee," the petitioner contended.
Kannanthanam further contended that, once when the matter was heard, there was only one member in the committee and cannot proceed for want of quorum and said he will not cooperate with a onemember committee. BCK thus took the decision exparte and Kannanthanam challenged this before the High Court by filing a petition to set aside the exparte order.
Kannanthanam moved the BCK and the hearing was posted to November 14. Though the BCK submitted before the court that the expatre will be set aside and he will be given an opportunity to contest the case, BCK dismissed the petition to set aside the exparte order and suspended Kannanthanam within four days, the petitioner further contended.