The Supreme Court on November 3 directed the Bar Council of India (BCI) to consider whether posts can be reserved in Bar Councils and Bar Associations for lawyers with disabilities [Amit Kumar Yadav v. Bar Council of India and anr].

The Bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi issued the direction while dealing with a plea filed by lawyer Amit Kumar Yadav.

Yadav had urged the Court to direct the BCI and the Bar Council of Uttar Pradesh to reserve some posts in Bar bodies for practicing advocates with disabilities.

The Court, however, refused to issue any such direction after noting that the State Bar Council elections in Uttar Pradesh have already been notified.

"At this stage, it seems difficult for this Court to interfere and issue a positive mandamus for providing the reservation that is sought," the Court said.

However, it asked the BCI to take a call on this issue after noting that it was essentially a question of policy.

"However, the reservation for persons with disability essentially being a policy matter, we dispose of this writ petition with a direction to the Bar Council of India to consider the cause espoused by the petitioner in light of the relevant legislative policies and statutes emanating from the constitutional principles of equality," the November 3 order said.

The Court added that it is open for the concerned stakeholders to take an appropriate decision in the matter. With these directions, it closed Yadav's plea.

Advocates Asif Iqbal, Iqbal Ahmed, Atul Kumar Srivastav, Anu Priya Nisha Minz and Siddhartha Sinha appeared for the petitioner.

[Read Order]