In a move underscoring the importance of maintaining the dignity of the judiciary and upholding professional ethics, the Odisha State Bar Council has suspended advocate Hemanta Kumar Nayak from practising law for two years.
The decision was delivered on September 13 by a three-member disciplinary committee headed by Bibhu Prasad Tripathy, with Phoni Bhusan Patnaik and Tapan Kumar Biswal as co-members. Proceedings were initiated suo motu under Section 35 of the Advocates Act, 1961, after it came to light that Nayak, a practitioner before the Bhadrak district court, had been operating a Facebook account under the pseudonym “Grants Kumar Nayak Canakya” to circulate offensive and scandalous remarks against judicial officers.
According to the Council, Nayak’s posts went beyond fair criticism, containing obscene language and unverified allegations of corruption, which were found to have demeaned the image of the judiciary and lowered the esteem of the legal profession. Despite being served repeated notices through registered post and WhatsApp, the advocate neither appeared before the committee nor filed a reply. Instead, he continued making objectionable posts, further aggravating the misconduct.
The committee, treating the matter ex parte, relied on documentary evidence including certified Facebook records and enrolment documents, which established Nayak’s authorship of the disputed posts. In its findings, the Council held that his conduct constituted professional misconduct, violating the Bar Council of India’s Rules under Chapter II, Part VI, particularly the duties of an advocate towards the court.
Emphasising that while constructive criticism is permissible, baseless and scandalous attacks on judges cannot be tolerated, the disciplinary committee ordered that Nayak be barred from legal practice for a period of two years, effective from the date of the order.
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