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Reprieve for Hafeez

On April 1, 2009 architect Hafeez Contractor obtained relief from the Delhi High Court after the Council of Architecture gave an undertaking to the Court that it would withdraw its order suspending his licence for alleged professional misconduct till he was given a hearing, reports The Times of India (TOI) dated April 2, 2009. Contractor had challenged the suspension of his licence and eminent lawyer Soli Sorabjee argued in his behalf that it was against the principles of natural justice for the Council to unilaterally revoke the licence without granting Contractor the opportunity to defend himself.



Hafeez Con­tractor: a chance to be heard


Acting on a complaint by a Delhi based architect Sudhir Vohra last year which alleged that Contractor advertised his work, which is a professional misconduct, the Council suspended his licence for one year on March 24 and sent him a letter asking him to surrender his certificate of registration, TOI reports. The offending advertisement shows Contractor endorsing a computer brand and describes him as "India’s favorite architect,” leading the Council to conclude that he was guilty of "having allowed his photographs to appear in an advertisement in a very prominent manner in a national newspaper and international magazine.”
The Council of Architecture, which is a statutory body responsible for regulating the practice of the profession, has suspended 200 architects since 1989, mentions DNA Sunday on March 29, 2009. This is not the first time that Contractor has been rapped for allegedly flouting rules. He had been reprimanded earlier after he appeared in an advertisement promoting a foreign airlines and had allegedly also done an advertisement for a sanitary ware company, according to DNA.
The newspaper reports that Contractor vehemently denied the allegations and contended that he is being censured because he is a well-known name. He told DNA, "Companies are using my name or photographs in advertisements even though I am not associated with their projects or products. I have not been paid for these, nor have I asked to feature in the ads, like the one for which I have been penalized. How can I stop people from using my name? The Council has taken action against me without hearing my defence.”
On the day of the hearing in Alleppey in Kerala on January 23 this year Contractor told DNA he had sent a representative, whom the Council did not meet. "I could not go myself as there was an income tax raid at my residence, and the IT officers did not permit me to make phone calls until late in the evening. Even the IT department wrote to the Council informing them about my inability to be present.”
The Council has now given an undertaking before the High Court bench that its bar will first grant a hearing to Contractor in July before proceeding with any decision on his alleged misconduct, as per TOI of April 2.
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