Introduction:

In the case of H Manjunath vs. Karnataka State Bar Council & ANR, the Karnataka High Court addressed the suspension of an advocate accused of sexual harassment. The petitioner, H Manjunath, challenged the Council’s decision to suspend him without providing a fair opportunity to present his defense.

Arguments from Both Sides:

H Manjunath argued that while acknowledging his delay in response, the Council’s immediate suspension without granting him a reasonable chance to defend himself was unjust. He contended that sexual harassment complaints between advocates should be referred to the Committee under the Sexual Harassment of Women at Workplace Act, 2013, rather than being dealt with directly by the Council.

The Council opposed Manjunath’s plea, claiming that he had been given adequate opportunity to respond, which he did not utilize.

Court’s Judgment:

The single judge bench, led by Justice M Nagaprasanna, reviewed the order and deemed it necessary to grant Manjunath another opportunity to submit his objections before the Council by January 10, 2024. The Court emphasized that serious allegations like sexual harassment could have significant repercussions for the petitioner’s personal and professional life, hence necessitating a fair chance for him to present his defense. Consequently, the Court set aside the suspension order and directed the matter back to the Council for reconsideration.