KOCHI: The Kerala High Court on Wednesday allowed the Bar Council of Kerala (BCK) to take further steps on the complaint against the Advocate General alleging professional misconduct.
Justice P R Ramachandra Menon passed the order while disposing of a petition filed by AG K P Dandapani seeking to quash the notice issued by the BCK based on the complaint filed by advocate J S Ajith Kumar. The complaint stated that Dandapani Associates, the legal service organisation run by the AG’s family, had filed cases against the government and in most of the cases his wife- Sumathi Dandapani or son-Millu Dandapani appeared.
According to the petitioner, the BCK has no authority to issue the notice. Under the Advocates Act 1961 or the Bar Council of India Rules, the Secretary or even the Chairman does not enjoy any individual power to issue a notice or to call for remarks or even to dictate calling for remarks so as to place the same before the Bar Council.
Counsel for BCK senior advocate Gracious Kuriakose submitted that the notice is only a request to forward the remarks and it does not mean that the petitioner is found guilty of the allegations raised in the complaint. Remarks are called for and the complaint will be placed before the council to arrive at a just and fair decision by the Council after getting the version of both sides.
“If the petitioner does not file any remarks, the complaint will be placed before the council. But if the complaint along with the respondent’s version is placed it will be easier to take a just and fair decision,” the BCK submitted.
The BCK had acted in accordance with the resolution passed by it. The Council also submitted that merits of the complaint have not been examined at the time of calling for the remarks.
The court directed to place the complaint before the Council and further steps should be taken in accordance with law.
Meanwhile, the complainant Ajith Kumar filed one more complaint before the BCK against the AG and his firm. He alleged that the AG’s son Millu Dandapani became standing counsel for more than 50 government institutions after June 2011 due to the influence of Dandapani.
Even without any experience in criminal law, his wife Sumathy Dandapani appeared for notorious criminals and managed to get favourable orders in active or passive collusion with the government pleaders, Ajith Kumar alleged.
According to Ajith Kumar, after assuming charge of the Advocate General, Dandapani is continuing his private practice through his wife, son and his juniors who are also senior advocates by entertaining/enticing litigants including notorious criminals in his permanent residence-cum-office.
The said act of AG is grave professional misconduct, abuse of powers and acts contrary to the constitutional duties and responsibilities empowered on him as the AG of High Court of Kerala.