The Kerala High Court, on Friday, 20th June 2025, allowed the appeal filed by Advocate Yeshwanth Shenoy, President of the Kerala High Court Advocates' Association (KHCAA), against the disciplinary proceedings initiated by the Bar Council of Kerala. The Single Judge had earlier dismissed Shenoy’s petition. However, this decision has now been overturned by a Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V. M.
“The order of the Single Judge has been set aside. A detailed judgment is awaited from the Division Bench.”
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Background of the Case
The matter traces back to a suo motu contempt proceeding initiated against Advocate Yeshwanth Shenoy, following a complaint from former High Court Judge Mary Joseph. She alleged that Shenoy had harassed and shouted at her during a court hearing, further stating that he threatened to ensure her removal from the Bench. These proceedings were eventually closed by a Division Bench in the previous year.
Subsequently, the Bar Council of Kerala independently initiated suo motu disciplinary proceedings against Shenoy. The action was taken on the basis of the Judge’s letter, citing alleged violations of professional conduct and ethical standards as defined by the Bar Council rules.
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In response, Shenoy filed an in-house complaint against the Judge, but the then Chief Justice chose not to act on it.
“Shenoy argued that if the disciplinary action was based on a complaint, it could not be initiated suo motu. He also questioned the format and validity of the original complaint.”
The Single Judge, in dismissing Shenoy’s challenge, held that the Bar Council of Kerala (BCK) had not claimed the Judge’s letter was treated as a formal complaint. The Council had convened a meeting after receiving the letter, and unanimously decided to register a complaint. This led to a show cause notice being issued to Shenoy. After receiving his response, a resolution was passed referring the matter to the Disciplinary Committee.
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This entire course of action has now been invalidated by the Division Bench through its recent ruling.
“The Division Bench found flaws in the basis and procedure of the Bar Council’s initiation of disciplinary action, thereby setting aside the previous order.”
Case Title: Yeshwanth Shenoy v. The Bar Council of Kerala and Others
Case Number: WP(C) 7660 of 2023
