Allegations Alone Cannot Prove Misconduct — No Conviction Without Evidence And Cross-Examination: Supreme Court

“Professional reputation cannot be damaged on the basis of untested complaints — findings of guilt must follow due process and evidentiary standards” – Supreme Court

In a significant reaffirmation of procedural fairness, the Supreme Court set aside the Bar Council of India’s order holding an advocate guilty of professional misconduct, emphasizing that mere allegations without evidence, witness testimony, or cross-examination cannot form the foundation of a disciplinary conviction. The Court ruled that the Bar Council's Disciplinary Committee committed a serious miscarriage of justice by relying solely on the text of the complaint without affording the advocate his constitutional and statutory right to contest and confront the charge.

The Bench of Justices Vikram Nath and Sandeep Mehta unequivocally held:

“The appellant-advocate has been held guilty of professional misconduct merely on the basis of bald allegations contained in the complaint, without the complainant being examined on oath and without affording the appellant-advocate the indefeasible right of cross-examination, thereby rendering the finding… legally unsustainable.”

“Disciplinary Proceedings Must Reflect The Principles Of Natural Justice”: SC Condemns Conviction Without Trial

The case arose from a complaint filed by Navrang Singh, who had accused his former lawyer, Monty Goyal, of negligence for failing to deposit costs in time during a quashing petition before the Punjab and Haryana High Court. The Bar Council of India accepted the complaint and proceeded to hold the advocate guilty, imposing a fine of ₹1,00,000 and threatening suspension from practice for one year upon default.

But the Supreme Court took strong exception to the manner in which the disciplinary process had been conducted. The complainant had not been examined as a witness, and there had been no opportunity provided to the appellant to cross-examine or rebut the claims through evidence.

“Disciplinary findings cannot be returned in breach of the most elementary tenets of fair hearing. No person can be condemned without being given a reasonable chance to defend himself against the charges,” the Court said.

The Bench reiterated that the Advocates Act, 1961 contemplates an adjudicatory process, not a summary pronouncement, and held that no findings of misconduct can survive where the complaint remains untested and uncorroborated.

“Professional Misconduct Must Be Proved With The Same Rigor As Any Other Quasi-Criminal Allegation”: Supreme Court Clarifies Standard of Proof

Drawing attention to the serious implications of a finding of professional misconduct — including reputational harm, financial loss, and disqualification from practice — the Court held that the standard of proof must not be diluted merely because the forum is disciplinary and not criminal.

“An advocate’s professional standing is a matter of grave significance. Allegations affecting it cannot be lightly accepted, especially in the absence of supporting evidence, sworn testimony, or cross-examination,” the Court observed, dismantling the Disciplinary Committee’s order for being procedurally deficient and legally untenable.

The judgment stressed that the right to practice law under the Advocates Act is a statutory right, and any order affecting it must stand the test of natural justice, fair inquiry, and reasoned adjudication.

“Absence Of Evidence Is Fatal — Complaint Is Not Conviction”: Supreme Court Emphasises That Disciplinary Findings Require Proof

A key pillar of the ruling was the Court’s declaration that a complaint alone cannot become proof, particularly when the same remains unsubstantiated and untested in adversarial examination.

The Court made it clear that:

“Bald allegations in a complaint, however detailed, do not amount to proof. Findings of guilt require the complainant to step into the witness box, affirm the charges on oath, and withstand cross-examination. None of this happened in the present case.”

In the absence of any evidence being led before the Bar Council, and with the complainant himself having later filed a sworn affidavit withdrawing all charges, the Court held that the Bar Council’s order was not only unfair, but also legally void.

Supreme Court Reinstates Due Process As Cornerstone Of Advocate Regulation

Allowing the appeal in full and quashing the order dated April 4, 2025, the Court restored the professional record and standing of the appellant-advocate, declaring:

“The impugned judgment neither accords with the principles of natural justice nor reflects consideration of material evidence — it cannot be sustained in fact or in law.”

This ruling is a strong message to Bar Councils and disciplinary authorities across the country that the power to punish advocates must be exercised judiciously, sparingly, and only after scrupulous observance of procedure.

Date of Decision: January 29, 2026