High Court of Kerala stays further proceedings initiated by Bar Council of Kerala against K.P. Dandapani, Advocate General of Kerala

The Kerala High Court on Monday stayed all further proceedings by the Bar Council of Kerala against Advocate General KP Dandapani initiated on the basis of a complaint filed alleging "unfair practice" in allowing the Advocate General’s wife and son to conduct cases against the government. 

Justice CK Abdul Rehim issued the interim order of stay while considering the writ petition filed by the Advocate General (AG) in his personal capacity.

In the writ petition filed before the High Court, the Advocate General contended that the notice was issued by the secretary of the state Bar Council on the basis of a direction from the Chairman of the state Bar Council without jurisdiction. The notice was issued on January 21^st on a complaint filed by advocate J.S. Ajith Kumar of Devine Nagar at South Chittoor in Kochi on January 14^th.

The Advocate General Mr. K.P. Dandapani has contended before the High Court that only the Bar Council has the power to issue notice to lawyers and that the secretary or the chairman cannot do so independently as per Bar Council of India Rules.

Mr. Dandapani has contended that his wife and son are independent lawyers. "It is to be noted that Dandapani Associates is not a firm nor a company. It only denotes the name of the office simpliciter. The petitioner, his wife and son are having practice under individual capacities," the petition says. Filing of cases by an individual lawyer cannot be attributed to be a misconduct simply because his one of his relatives happens to occupy a constitutional post, argues Mr. K.P. Dandapani.

"There is absolutely no merit in the complaint. If the complaint taken as a whole, even if the allegations are admitted, will not prima facie spelt out any act of misconduct," the petition said.  According to Mr. Dandapani, even if the allegation that he in his capacity as the Advocate General helped his son to become the standing counsel for public bodies is taken for granted, it does not amount to misconduct or violate the code of ethics.

No materials have been produced and no particulars have been stated to show that the AG has any material gain directly or indirectly from the filing of the cases by his son and wife, the petition said, seeking quashing of the proceedings initiated against Mr. Dandapani.