Odisha Advocate Barred From Practising Law For 2 Year Over Social Media Posts

Cuttack: Odisha State Bar Council has suspended Bhadrak-based advocate Hemanta Kumar Nayak for two years for posting derogatory and obscene content against judicial officers on social media.

Taking suo motu cognisance of the matter under Section 35 of the Advocates Act, 1961, three-member disciplinary committee of the bar – Bibhu Prasad Tripathy (chairman), Phoni Bhusan Patnaik and Tapan Kumar Biswal – issued the ruling on September 13.

Nayaj had allegedly posted a series of inflammatory social media posts under the pseudonym ‘Grants Kumar Nayak Canakya’, targeting judges of the Bhadrak district court over unverified allegations of corruption.

The decision was made ex parte, as Nayak failed to respond to notices issued since April and continued posting offensive content during the proceedings. The committee relied on certified social media posts and Nayak’s enrolment records to confirm his identity. It found him guilty of professional misconduct, violating Bar Council of India rules on advocates’ duties to the court.

“Fair criticism is allowed but unsubstantiated attacks on social media cross into misconduct. Any conduct which in any way renders a man unfit to exercise his profession or is likely to hamper or embarrass the administration of the justice by the high court or any of the subordinate thereto, may be considered to be misconduct calling for disciplinary action,” TOI reported, quoting the order.

Nayak is barred from practising law for two years and warned against future violations.