The Bar Council of India (BCI) has issued show-cause notice to Supreme Court Bar Association (SCBA) President Dushyant Dave. The notice, while addressing other office bearers asked why disciplinary action should not be initiated against them under Sections 35 and 36 of the Advocates Act.
Acting Secretary of the SCBA, Advocate Rohit Pandey, Advocate Ritu Bhardwaj from the Executive Committee and other members of the Executive Committee (EC) of the SCBA has been issued show cause notice as to why no disciplinary action should be taken against them under the provisions of the Advocates Act read with BCI Rules.
The SCBA had stated that the SCBA was an independent institution and the BCI does not have any jurisdiction or power over the SCBA or any other Bar Association in the country.Not only was BCI’s resolution returned but “derogatory, defamatory, abusive or filthy” words were allegedly used by Dave and by Pandey in the letter sent to the BCI, the Council says.
Certain comments were exchanged between Advocate Ritu Bhardwaj and other members of the SCBA EC against the BCI, it is further stated in the minutes of the BCI resolution.
In this regard, the BCI stated,
“…(These comments) betray a clear and hostile design of these members of the Executive Committee to disregard, defame, and flout the most innocuous and reasonable directions contained in Bar Council of India’s unanimous resolution dated 10.05.2020, which was passed, keeping in view the dignity and prestige of the Supreme Court Bar Association.”
BCI added that it acted fully within its powers and jurisdiction in the resolution of May 10 by referring the question of Arora’s suspension to the SCBA general body.
The BCI issued the show-cause notices to the EC members including Dave and Pandey. The BCI Chairman Manan Kuman Mishra did not participate in this meeting concerning the SCBA given that Mishra is a member and voter of the SCBA.
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