CUTTACK: In a significant development aimed at preserving the dignity of the judiciary and legal profession, the Odisha State Bar Council has suspended advocate Hemanta Kumar Nayak from practising law for a period of two years.
The decision came through a judgement passed on September 13, by a three-member disciplinary committee chaired by Bibhu Prasad Tripathy, with Phoni Bhusan Patnaik and Tapan Kumar Biswal as members.
The disciplinary proceedings were initiated suo motu under section 35 of the Advocates Act, 1961, after the council found that Nayak, practising at Bhadrak district court, had been using a Facebook account under the pseudonym ‘Grants Kumar Nayak Canakya’ to post highly derogatory and obscene comments against judicial officers there.
The State Bar Council noted that Nayak’s posts included unsubstantiated allegations of corruption and used obscene language, thereby tarnishing the image of the judiciary and undermining the dignity of the legal profession. Despite receiving multiple notices, including via WhatsApp and registered post, the respondent failed to appear before the committee or submit any show cause reply. Instead, he continued posting defamatory content on social media, further aggravating the matter.
The committee treated the matter as ex parte, relying on documentary evidence including certified copies of Facebook posts and enrolment photographs confirming that Nayak operated the controversial account.
In its detailed judgement, the committee held that Nayak’s conduct was in violation of the Bar Council of India’s Rules under Chapter II, Part VI, particularly his duties towards the court. The committee emphasised that while fair criticism is permitted, baseless and scandalous remarks against judicial officers amount to professional misconduct.
As a result, Nayak has been suspended from practising law for two years from the date of the judgement.