Odisha State Bar Council suspended advocate Hemanta Kumar Nayak for two years after he made derogatory Facebook posts with baseless allegations of corruption against judicial officers, saying such remarks tarnished the image of judiciary and violated legal ethics.
To uphold the integrity of the judiciary and the legal profession, the Odisha State Bar Council imposed a two-year suspension on advocate Hemanta Kumar Nayak, prohibiting him from practicing law.
This decision was made on September 13 by a three-member disciplinary committee led by Bibhu Prasad Tripathy, with Phoni Bhusan Patnaik and Tapan Kumar Biswal as members.
The disciplinary action was initiated suo motu under Section 35 of the Advocates Act, 1961, after the council discovered that Nayak, who practices at the Bhadrak district court, had been using a Facebook account under the alias ‘Grants Kumar Nayak Canakya’ to post highly derogatory and obscene remarks about judicial officers.
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The posts included offensive language, carried unverified claims of corruption, and specifically targeted judges of the Bhadrak district court.
The State Bar Council noted that Nayak’s posts included unfounded accusations of corruption and featured indecent language, damaging the reputation of the judiciary and compromising the dignity of the legal profession.
Despite receiving several notices, including through WhatsApp and registered post, Nayak did not respond or appear before the committee.
Instead, he continued to share defamatory content on social media, exacerbating the situation. The committee proceeded with the case as ex parte, relying on documentary evidence such as certified copies of his Facebook posts and enrollment photographs confirming that Nayak was behind the controversial account.
In its comprehensive ruling, the committee stated that Nayak’s actions violated the Bar Council of India’s Rules under Chapter II, Part VI, particularly regarding his responsibilities to the court. The committee highlighted that while constructive criticism is acceptable, unfounded and scandalous comments about judicial officers constitute professional misconduct.
Consequently, Nayak has been suspended from practicing law for two years from the date of the judgment.
In its findings, the committee noted that Nayak’s actions constituted significant breaches of the Bar Council of India’s Rules, especially those concerning an advocate’s responsibilities to the court.
The OBSC said in its order,
“It has come to the notice of council that the respondent (Mr. Nayak) had created a Facebook identity in the name of ‘Grants Kumar Nayak Canakya’ and has been writing derogatory remarks against the judiciary and judicial officers of Bhadrak. He made baseless allegations and imputation of corruption against judicial officers tarnishing the image of judiciary,”
The committee stated in an order that was reviewed by the media,
“Fair criticism is allowed but unsubstantiated attacks on social media cross into misconduct,”
The order further emphasized that the integrity of the legal profession depends on the behavior of its members, both in public and private spheres.
The order indicated,
“Any behavior that renders an individual unfit to practice or that could hinder or compromise the administration of justice by the high court or its subordinates may be regarded as misconduct warranting disciplinary measures,”
Nayak will be prohibited from practicing law for two years from the date of the judgment and has been warned against engaging in similar behavior in the future.