A controversy arose when the Maharashtra and Goa Bar Council suspended the license of lawyer Asim Sarode for three months, for his alleged “professional misconduct” by making statements that caused “mistrust and disrespect” towards the judiciary during his address at the Shivsena (UBT) program in Mumbai last year.
Maharashtra Bar Council, Goa president Vivekanand Ghatge and members Sangram Patel and P V Nelson Ranjan passed the judgment in this regard on August 12 this year, which was sent to Sarod two and a half months later, on Monday.
The ruling was issued based on a complaint filed by lawyer Rajesh Dabholkar. Besides suspension of Sarode’s license for three months from the date of receipt of the order, a fine of Rs 25,000 was also imposed on him.
Speaking to the media in Pune, Sarode refuted the allegations and said he would appeal the ruling before the Indian Bar Council in Delhi. “I stand by my comments I made during the Shiv Sena (UBT) program. I will repeat them again and again. There is nothing wrong with telling the truth. I will not offer any apology. I did not say anything unconstitutional or offensive. I am saddened that such a judgment has been passed against me…” he said.
Sarode did not comment on the Maharashtra and Goa Bar Council, but said the complainant is a BJP activist. “I have seen his social media. He seems to be close to Ashish Shelar (BJP leader and minister). There seems to be a system behind him…,” Sarode said.
Dabholkar initially sent a letter to Sarode seeking an apology for the alleged “hate speech” at the ‘Janata Nyayalay’ public program organized by the Shiv Sena (UBT) at the SVP Stadium in Worli in Mumbai on March 18, 2024.
Dabholkar alleged that Sarode made “sarcastic statements” against the Indian judicial system, the Speaker of the Maharashtra Legislative Assembly (Rahul Narvekar) and the Governor of Maharashtra.
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Sarode responded to Dabholkar’s letter on April 3, 2024, in which he did not offer any apology. Dabholkar filed a complaint of “professional misconduct” against Sarode in the Maharashtra and Goa Bar Council, under Section 35 of the Advocates Act, 1961. A video of Sarode’s speech (in Marathi) was also filed with the complaint.
After watching the video, the Syndicate Council’s Disciplinary Committee found that Sarudi had made statements such as: “It cannot be denied that the judicial system is under pressure…” and “Corruption is on a significant rise in the judiciary…”
In his response to the Maharashtra and Goa Bar Council, Sarode said he did not say anything derogatory about anyone in his speech which is available to everyone on social media platforms. Sarudi stated that he denies anything he said in the letter, but that he is not responsible for any “whimsical interpretation” made by “any weak-minded person.”
Responding to the allegation that Sarode used the word “falto (useless)” to refer to Governor Bhagat Singh Koshyari, the lawyer contended that Koshyari was not the governor at the time of his speech, and the word “falto” was not listed as an offensive or unconstitutional word.
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Sarudi also argued that Koshyari as a person could certainly file a legal case against him. “But the complainant (Dabholkar) has no right to appear in court to issue a defamation notice on behalf of Koshyari,” Sarode said.
Sarode’s statements alleging that Rahul Narvekar betrayed the Supreme Court order are allegedly rejected. As Speaker of the Maharashtra Legislative Assembly, Narvekar ruled in January 2024 that Eknath Shinde’s faction was the legitimate and “real” Shiv Sena faction, enjoying the support of a majority of the party’s MLAs. Sarode stressed that the critical analysis based on the contents of the judgment passed by the Speaker (Narvekar) cannot be termed as an insult.
After Sarode’s conviction, the Maharashtra and Goa Bar Council stated in its judgment that from the video recording of his speech, it was clear that he had made certain statements, which “had the effect of diminishing the respect and confidence of the public in the judiciary and in the Constitutional Bench”.
Sarudi refused to accept the claim, telling the media: “I respect the judiciary and the constitution. People are aware of my work. I will continue to express my opinions…”
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Sarudi also said that he contacted the union council before and even after August 12 to find out whether a ruling in the matter had been issued, but it was not sent to him until Monday.
Sarode said he had received calls from many who raised doubts about the timing of the ruling, and that it had been sent now because the Supreme Court would hear Uddhav Thackeray’s plea on November 12. Uddhav Thackeray had moved the Supreme Court against the Election Commission of India’s decision which recognized Eknath Shinde’s faction as the real Shiv Sena and allowed him to use the party’s ‘bow and arrow’ symbol.
Sarode also said that he received calls from various politicians, including from the Shiv Sena (UBT) and several supporters, after they learned that his license had been suspended.
(Tags for translation) Asim Sarode
